Planning and prep key to
making the most of your
worry-free getaway
p.32

A Letter from the Firm
Dear Friends,
According to Dictionary.com,
karma is a noun and is defined
as follows:
1. Hinduism, Buddhism. Action,
seen as bringing upon oneself
inevitable results, good or
bad, either in this life or in
a reincarnation: in Hinduism
one of the means of reaching
Brahman.
2. Theosophy. The cosmic
principle according to which each person is rewarded or punished
in one incarnation according to that person’s deeds in the previous
incarnation.
3. Fate; destiny. Synonyms: predestination, predetermination, lot,
kismet.
4. The good or bad emanations felt to be generated by someone or
something: Let’s get out of here. This place has bad karma.
Many Western cultures have notions similar to karma, as demonstrated
in the phrases: what goes around comes around, reap what one sows,
violence begets violence, and live by the sword, die by the sword.
One of the main reasons for publishing The Safety Report is to put
the legal profession in a positive light and show that many attorneys
(especially my firm) care about the community.
The articles in The Safety Report are meant to give you guidance on
how to avoid many traps in life. The last issue focused on ways to drive
safely, including not texting while driving. Although this seems plain
common sense, a recent poll showed over half the high school students
that drive admit to texting or reading texts while in a car. Studies show
that persons are 23 times more likely to be in a collision if texting.
Let’s look out for each other and follow the Golden Rule. Enjoy the
articles in this issue, and let’s keep the good karma going.
Respectfully,
David Bernstein

*If you would like more information about my law firm, please go to the
back inside cover of this magazine.

Promoting Safety.
Protecting Rights.
Giving Back.
For Almost
30 Years.

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Signs to look for and
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How to cope and live life in
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How to cope and live life in
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Planning and prep key to
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Planning and prep key to
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inside this issue
On the Cover

the safety

report
Features

04

Removing Recalled
Products from the
Shelves

09

Understanding
Infertility

16

The Skinny
on SPF

25

Do Food Journals
Really Work?

32 Your Best Vacation Yet

Summertime is synonymous with family vacations, weekend getaways
and travel far and wide. From hitting the road to jetsetting across
continents, there are rules you should think about before leaving
the house. In this issue, we take you door to door—from Cali to the
Caribbean to China—to help you enjoy the best vacation possible.

Trending Topics

14 Does My Child Have ADHD?
19 Is There a Hoarder in Your Life?
44 Steps to Protect Your Online Reputation
46 Sending Your Child to Sleepaway Camp
news you can use
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Financial Pitfalls and How to Avoid Them

53

Mind Over Matter - Facing Your Fear of Flying

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The Dos & Don’ts of... Online Dating

thepulse

R

emoving recalled items
from the shelves and
out of consumers’
hands is hard enough
for manufacturers, but
doing it while third-party retailers
continue to sell products makes the
job even harder.
The Consumer Product Safety
Commission (CPSC) recently
discovered that eight previously
recalled products (from 2010 and
2011) were being resold throughout
the U.S. Reselling recalled products—
either in second-hand and discount
stores or at yard sales—is illegal under
the 2008 Consumer Product Safety
04 / THE SAFETY REPORT / SUMMER 2012

Improvement Act.
According to CPSC spokesperson
Patty Davis, the agency is asking
for consumers to be as responsible
as possible when giving away or
donating products that could be
recalled.
“You don’t want to pass on a hazard
to another consumer,” said Davis.
“You just don’t want to introduce a
danger, especially for kids.”
While reselling recalled products is
prohibited by law, so is giving them
away.
“A consumer should not donate or
give away a recalled product because
the law prohibits the distribution of

such products in commerce regardless
of whether the product is sold or
lent,” said Davis.
In both cases, Davis said a civil
penalty could be imposed. Consumers
should take advantage of returning,
exchanging or repairing the product.
According to Marcia Zwick, vice
president at Winthrop Douglas, a firm
that assists companies with brand
vaudits, data collection and product
retrievals, consumer safety and brand
image go hand in hand.
“The longer a tainted product sits
on the retail shelf, the greater the risk
that each of these two elements will
decline,” she said. “Some products

change hands many times in the
distribution process before it reaches
the consumer, therefore further
increasing the risk that a tainted
product can end up in the market.
“The quicker a manufacturer
reacts to retrieve a recalled product,
the better chances of limiting the
continued exposure to the market and
helping preserve brand integrity and
customer trust.”
The products were sold at central
U.S. grocer Meijer Stores when they
were recalled. They contracted a
third-party liquidation firm to get
rid of or return the products to the
manufacturer, but an error allowed
eight products—which ranged from
baby slings to kids’ toys—to return
to discount stores and other retail
locations.
The list of affected products includes:
»» Innovage Discovery Kids Animated
Marine and Safari Lamps
»» Infantino “SlingRider” Baby Slings
»» Hoover WindTunnel T-Series Bagless
Upright Vacuum Cleaners with Cord
Rewind Feature
»» Fisher-Price Ocean Wonders Kick &
Crawl™ Aquarium (H8094)
»» Fisher-Price Little People Wheelies
Stand ‘n Play Rampway
»» Fisher-Price Barbie Tough Trikes
(Model: M5727)
»» Fisher-Price Kawasaki Tough Trikes
(Model: N6021)
»» Munchkin Bathtub Subs
»» Sassy Refreshing Rings Infant
Teethers/Rattles

Recalls in Brief

Reselling recalled
products­—either
in second-hand and
discount stores or
at yard sales—
is illegal.
Davis did not know about the error
that allowed the products to return to
the market stream and calls to Meijer
were not returned. The CPSC will
investigate to see how the products
were leaked and who exactly was
responsible.
Unlike some recalls that consumers
just don’t find out about, these recalls
involve incidents when the products
were removed and then accidentally
reinserted into the marketplace.
Federal agencies and consumer
groups agree: while selling recalled
products is illegal, the real issue is
accidentally putting other families in
danger from something recalled.

2012 RECALL FACTS (QUARTER 1)

Source: ExpertRECALL

150
million

units were recalled by pharmaceutical
companies in the first quarter of 2012,
recording a five-quarter high.

90
percent

decrease in the number of units affected
by FDA food recalls, according to first
quarter Enforcement Reports.

35

units affected by consumer product
recalls across all 15 product categories in
the first quarter of 2012.

million

1. Birth Control by Glenmark Generics
Date: February 2012
Recall Size: 7 Lots
Reason for Recall: The pills can be reversed
in the packaging, putting the medication
out of order.
Consumer Impact: Recent birth control
recalls, including one by Pfizer in
January, put women at risk of unplanned
pregnancies.
2. Infants Tylenol by Johnson & Johnson
Date: January 2012
Recall Size: 574,000 bottles
Reason for Recall: Consumers reported
problems using the “SimpleMeasure”
dosing system.
Consumer Impact: There are no adverse
health consequences associated with this
recall; however, some consumers may find it
difficult to measure the adequate amount of
medication.
3. Horse Feed by Western Feed
Date: March 2012
Recall Size: Unknown
Reason for Recall: The feed can be
contaminated with toxic levels of a food
additive, which, when fed to horses, can
cause sickness and in some cases even
death. The additive, monensin, is approved
for use in some livestock and poultry.
Consumer Impact: Several horse deaths
have been reported in connection with the
recalled feed.
4. Lenovo Desktop Computers
Date: March 2012
Recall Size: 50,500
Reason for Recall: An internal component
can overheat inside the computer posing
fire hazards for consumers.
Consumer Impact: There was one report
of a computer catching fire and another
report of a computer smoking in the
U.S. Consumers will have to unplug their
desktop computers and contact Lenovo
to schedule a replacement of the power
supply.
Source: ConsumerBell

@THESAFETYREPORT / THESAFETYREPORT.COM / 05

LEGISLATIVEBEAT
Editor’s note: In each issue, we will bring you news from around the legal world that
affects the safety of you and your loved ones. The information is provided by the American
Association for Justice. For more information, visit AAJ’s blog, fightingforjustice.org

NYT Calls for Action to Ensure Generic Drug Patients’ Rights

The New York Times recenlty called
on Congress and the U.S. Food
and Drug Administration (FDA) to
address the lack of accountability
generic manufacturers have when it
comes to monitoring the safety of
their drugs. It stated:
“This outrageous denial of a
patient’s right to recover fair
damages makes it imperative that
Congress or the Food and Drug
Administration fashion a remedy.”
This editorial comes after another
article, also in the Times, “Generic
Drugs Proving Resistant to Damage
Suits,” which presented the stories
of Debbie Schork and Diana Levine.
Both women were given an antinausea drug that, when injected,
caused gangrene in their hands and
arms. As a result, both women had
to have their hands amputated.
The only difference between the
two cases was Levine was given
the brand name drug, Phenergan,
and Schork was given the generic
version of the exact same drug.

06 / THE SAFETY REPORT / SUMMER 2012

Because of that difference, when
the women set out to hold the drug
manufacturers accountable, Schork
was denied her day in court, while
Levine won her case after it was
heard by the U.S. Supreme Court.
Schork’s case was dismissed
following the Pliva v. Mensing
decision, where the U.S. Supreme
Court ruled generic drugs must
carry warning labels identical to
those of the brand name drug,
even if there are known, new sideeffects that warrant a change a to
the label. This means that generic
drug manufactures cannot be held
accountable for failing to warn
patients about problems with their
drugs.
The Times, in its editorial, goes
on to write:

“Same drug. Same devastating
health consequences. Opposite
results. This injustice will affect more
people as generics, which already
dominate the market, expand even
more under the pressure to control
health care costs.”

Schork is not the only injured
patient whose rights have been
eliminated following the Pliva
v. Mensing decision—hundreds
of cases have been dismissed.
Additionally, many brand
manufacturers get out of the
market once a drug goes generic,
this means there will be many
instances where no one will be
monitoring drugs for safety. The
Times concluded:
“Generic drugs have rapidly
expanded their reach, and, by one
estimate, from one-third to onehalf of all generic drugs no longer
have a brand-name competitor. The
regulatory system needs to hold
generic companies, many of them
large multinationals, accountable for
labels on the products they sell.”
Congress and/or the FDA need
to act to protect patients who have
been injured by dangerous drugs
and restore patients’ rights to hold
generic manufacturers accountable,
just like brand name manufacturers.

INSTITUTE OF MEDICINE finds Drug-Monitoring Deficiencies
v

The Institute of Medicine (IOM)
recently released a report
recommending that the U.S. Food
and Drug Administration (FDA)
review drugs on a regular basis for
as long as they are on the market

in order to catch any new safety
issues.
The IOM also recommended that
the FDA create a comprehensive,
publicly available document
that reflects risks as they crop
up throughout the “lifecycle” of
the drug. This report is further
evidence that FDA approval does
not mark a drug as safe. Vioxx,
Accutane, and Reglan are just a
few recent examples of drugs that
were approved by the FDA and
then found to have dangerous side
effects.
This report is even more troubling
because, the U.S. Supreme Court
ruled last June that generic drug
manufacturers only have the
responsibility to carry the same
warning label as the brand name
drug, even when they know of new
risks. As a result of that decision,

many people injured by generic
drugs have been unable to hold
generic pharmaceutical companies
accountable for their injuries. This
is in direct contrast to the U.S.
Supreme Court’s decision in 2009,
which established that people
injured by brand name drugs can
pursue their claims in court.
Many long-term side effects of
prescription drugs are not known
at the time of FDA approval. In
fact, the IOM report noted that
“it is impossible to know all of the
risks and benefits of a drug before
approval.”
Without accountability in the
courts or from the FDA, generic
manufacturers have no motivation
to warn the public of new side
effects, leaving consumers paying
the price while the drug companies
continue to profit.

The Fight Against Forced Arbitration Continues
w

Bloomberg recently ran a powerful
story on the real-life implications of
forced arbitration on consumers and
employees. It covers the history of
forced arbitration and includes the
story of William Kurth. Bloomberg
writes:
After watching his father die from
sepsis of the blood caused by
infections from 13 bedsores in
2005, David W. Kurth of Burlington,
Wisconsin, tried to sue the nursing
home whose staff he claimed had
left his father’s wounds covered

in excrement and urine for days
at a time. Though the death of his
father would have been shocking
enough, Kurth told a Congressional
subcommittee in 2008 that the
“most shocking” part of his family’s
ordeal was this: They wouldn’t be
able to sue for the alleged neglect
because the deceased man’s wife
had signed admissions documents
that had a mandatory- arbitration
agreement.
“How can anyone in good
conscience argue that it should be
perfectly legal to trick frail, elderly,
infirm senior citizens experiencing
the most stressful time in their lives
into waiving their legal rights?”
Kurth asked.

such a serious problem, we have
the Wall Street Journal’s editorial
board to remind us exactly what we
are up against. The paper recently
editorialized on the Consumer
Financial Protection Bureau’s
power to investigate and limit or
ban forced arbitration in consumer
financial products.
They used the editorial to repeat
corporate talking points that forced
arbitration is fair and cost-effective
for consumers and to attack trial
lawyers and our allies. They did get
one point right—the editorial states:
“But the plaintiffs lobby never sleeps
and has made it a priority to press
Congress to outlaw mandatory
arbitration in new legislation.”

But for every good article that
explains why forced arbitration is

@THESAFETYREPORT / THESAFETYREPORT.COM / 07

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Oil Spills

Between 1970 and 2000, incidents such as
the Exxon Valdez disaster spilled more than
3 billion gallons of oil into marine waters
worldwide. Trial attorneys worked for two
decades to force Exxon to clean up its mess,
and have proven to be the best mechanism
for holding corporate polluters accountable.

Contaminated Water

Dirty Air

More than 50 million U.S. residents live with
unhealthy air. Even after Congress passed the
Clean Air Act, corporations continue to pollute the
air we breathe with chemicals and carcinogens
from arsenic to zinc. In the face of weak federal
enforcement, it has been trial attorneys who have
led the fight, seeking justice against all the odds
for communities such
su as the cancer-ridden town
of Globeville, poisoned by the cadmium-spewing
smelter that rose above it for 100 years.

As many
ma as 49 million Americans have
water supplies that contain levels of arsenic,
radioactive substances and coliform bacteria
that violate the Safe Drinking Water Act. Trial
attorneys were the first to take action in the
1970s, holding Velsicol Corp. accountable in
Tennessee for contaminating drinking water
300,000 barrels of chemical waste.
with 3
While federal agencies pursue only three
percent of the more than 23,000 companies
that violate federal law by contaminating
rivers, streams and groundwater sources, it
continues to be trial attorneys who offer the
best protection of Americaâ&#x20AC;&#x2122;s water supply.

Poisoning the Poor

For decades, corporations handling waste disposal
and hazardous materials have targeted low-income
communities as locations for processing plants,
dumps and landfills. State and federal agencies
were of no help, routinely allowing permits for
sites in economically vulnerable communities
without any oversight. Trial attorneys have worked
on behalf of targeted communities, such
su as
Camden, New Jersey, which was forced to accept
an industrial plant producing over a millions tons
of hazardous waste a year in a neighborhood
already marked by 15 contaminated sites. Trial
attorneys were successful on behalf of Camden
and continue to stand up on behalf of many other
similar communities.

Chemical Dumping

U.S. corporations produce more than 25
billion pounds of hazardous waste every
year, nearly half a billion pounds of which
are so toxic that they do not break down in
the environment. In cases such as Love
Canal, Hooker Chemical Co. dumped
20,000 tons of chemical waste in an unlined
canal and then sold the land to the local
school board. Time and again, it has been
trial attorneys who have worked to stop
corporations from dumping toxic waste
and held them accountable for the injuries
they have caused.

health&wellness

what does

â&#x20AC;&#x2DC;infertilityâ&#x20AC;&#x2122;
really mean?

The inability for a couple to conceive is often
devastating. Frequently, women blame themselves
for their failure to become pregnant.
However, infertility is not always the result of the
womanâ&#x20AC;&#x2122;s deficiencies. It is necessary to look at both
the man and the woman when determining the cause.

by Jamie G. Goldstein

The first step to coping with infertility
is understanding what it is and its
potential causes.
Infertility is defined as a couple’s—not
an individual’s—failure to conceive
after having regular intercourse over
the period of 12 months, without the
use of contraception, and in which the
woman is under 35 years of age. In
instances in which the woman is 35 or
older, the time period decreases from
12 months to six months.

Female Infertility
While there are many causes of
female infertility, two frequent
causes are ovulatory disorders and
endometriosis. Other potential
causes include pelvic adhesions,
tubal blockage, tubal abnormalities
and hyperprolactinemia.
Ovulatory disorders often cause
infertility because the woman either
has infrequent or absent ovulation. It
should be noted that while a female
fetus carries millions of follicles, each
of which contain a single immature
egg, by the time a girl reaches
puberty, the amount is reduced to
300,000.
Once a woman enters her mid-30s,
the rate at which follicles decrease
accelerates. In layman’s terms, it
means that as a woman ages, even
if she is ovulating, the remaining
eggs may be of poor quality causing
difficulty in becoming pregnant. As
a result, women 35 and older may
begin to see increased difficulty
in becoming pregnant due to the
diminishing selection of viable eggs.
Endometriosis is another leading
cause of infertility in women. It
occurs when cells from the uterine
lining appear outside of the uterine
cavity and often in the ovaries. The
growth of these cells outside the
uterine cavity can cause damage to
the ovarian tissue. The resulting cells
can hinder ovulation, fertilization and
implantation, making it difficult and
sometimes impossible for a woman
to conceive.

10 / THE SAFETY REPORT / SUMMER 2012

male Infertility
Often, a woman is looked to when
a couple is having difficulty or
unable to conceive, however, it
should be noted that according to
a World Health Organization study
from 1982-1985, infertility was
attributed to men 20 percent of the
time.
The study also concluded that
38 percent of the time infertility
was attributed to women and 27
percent of the time factors from
both the male and female caused
infertility. In 15 percent of cases,
there was no clear answer as to the
cause of infertility.
Male infertility is caused by no
sperm count, low sperm count or
lack of healthy sperm. Problems
with sperm count or lack of healthy
sperm can be caused by certain
diseases and genetic disorders.
These diseases and disorders
create a gonadtropin deficiency,
which often leads to infertility.
Men may also be infertile as a
result of low hormone levels as

well as Y chromosome defects
and cryptorchidism or failure of
the descent of the testes into the
scrotum during the stages of fetal
development.
While men cannot prevent many
of the causes mentioned from
occurring, there are certain factors
that men do have some control
over and may decrease their
likelihood of being infertile. These
include smoking, hyperthermia
or prolonged high testicular
temperature, drug use including
opioids and psychotropic drugs and
obesity.
It should be noted that this
is only a brief overview of
possible reasons couples may be
experiencing infertility. It is always
best to seek medical attention
from your physician to determine
the actual cause and if there is
treatment available. While many
couples may experience infertility,
there are treatment options, and
often in time couples are able to
conceive.

Too
ill
To
Work?
When is it better to stay at home?
by Matthew Devoti

Y

our spouse wakes up with
stuffed-up nose. She didn’t
get any sleep last night, is
congested and spent most of the night
coughing. You listened to her. Plus,
your back hurts. It’s hurt for a long
time. Both of you start the morning
with medicine: she takes a cough
suppressant and you take your pain
medication.
Neither of you feel like going to
work. Do you? When is it better to just
stay home?
Better than anyone else, you know
the challenges you face at your
workplace. If necessary, will someone
pick up the slack for you? Will you be
able to get actual rest at home or will
you be on email and on the phone all
day?
Consider the following when making
the decision about whether it is better
for you to stay at home:

the medications that you’re taking—
put others at risk of independent
injury. Do not forego a sick day or
using paid time off (PTO/ETO) while
putting your coworkers or members of
the public at risk because you have a
hard time functioning and are not able
to perform at your best. Take a day
and get better.

Is your illness contagious?
Are you putting others at risk for
catching your illness if you enter the
workplace? Very few of us work in
isolated workspaces. We touch the
coffee maker and the copy machine
in the workroom or sneeze and sniffle
while working with a fellow carpenter
or factory worker. In these situations,
a good likelihood exists that you’ll
expose your coworkers to your illness,
which they, in turn, will pass to others if
you head to the workplace.

Are you a danger to others?

Can you be productive?

You must consider what you do for a
living and whether how you feel—or

The reality is—and we all know this
fact—that each of us is less productive

when we don’t feel well than when
we’re functioning on all four cylinders.
Consider whether a day or two of rest
will help you recover so that when you
return to work you will be ready to put
forward maximum effort. Any benefit
of going to work and getting some
work done may be outweighed should
you take a step back in your recovery
because you overexerted yourself.
Illness is unavoidable. Each of us
gets sick and some of us will suffer
an injury at some point during our
working lives.
But, be smart. Consider your
answers to these questions and call
your doctor immediately should your
illness last more than a few days.
Stay home from work if you feel you
will be a danger to others, suffer from
an illness that is contagious or feel
so bad that the benefit of sticking it
through work is outweighed by your
lack of productivity.
@THESAFETYREPORT / THESAFETYREPORT.COM / 11

8 Factors

couples should consider before

in Vitro Ferilization
Couples diagnosed with infertility
may want to consider in vitro
fertilization (IVF), the process of
fertilization by combining an egg
and sperm in a laboratory dish
and then transferring them back
into a woman’s body. IVF is never
the first step in treating infertility,
but may be the only option if the
cause of infertility is due to:
»» Endometriosis
»» Low sperm count
»» Problems with the uterus or
fallopian tubes
»» Problems with ovulation
Every couple should consider
health, age and financial stability
before considering parenthood,
but for couples considering IVF
treatment, there are additional
factors to consider.

12 / THE SAFETY REPORT / SUMMER 2012

Costs of an IVF Cycle
In the U.S., the average cost of one
IVF cycle is approximately $10,000 to
$15,000, and is usually not covered
by insurance. Fees for a single IVF
cycle include medications, surgery,
anesthesia, ultrasounds, blood tests,
processing the eggs and sperm,
embryo storage and embryo transfer.
Oftentimes, more than one
procedure is required for success, so
couples could feasibly be looking at
more than $20,000 even if there are
frozen embryos used for subsequent
procedures.
1

Time Commitment
It will be necessary for couples to adjust
their schedules to undergo an IVF
procedure. Patients will need to take
drug injections up to three times a day
so if being home is not an option, the
medications will need be transported
and properly stored; some need

by Mark Bello

refrigeration.
IVF requires numerous doctor visits;
at least twice a week for approximately
one month.
During the first two weeks, the
medical team will watch how the
follicles grow and test hormone levels.
The retrieval process takes several
hours followed by an appointment two
days later for the transfer, which also
takes several hours.
After the transfer, there will be more
monitoring and blood checks. If the IVF
cycle results in a pregnancy, the woman
would continue her pregnancy care with
her OB/GYN.

2

Multiple Births
During each IVF cycle, the doctor can
transfer up to four embryos.
Although this helps increase the
chance of pregnancy, it also increases
the chances of a multiple pregnancy, so
couples must be prepared emotionally,
3

physically and financially. Twins and
multiple births increase the risks of
a miscarriage or other pregnancy
complications, such as diabetes or
premature births.
4 Medications
During IVF, medication is prescribed to
stimulate the ovaries and to increase
the chance of collecting multiple eggs.
This is known as ovulation induction.
Multiple eggs are desired because
some eggs will not develop or fertilize
after retrieval. Once mature, the eggs
are surgically removed and allowed to
fertilize in the laboratory. If the embryos
successfully grow, they are placed
back into the uterus in the hopes of
implantation and a pregnancy.
Occasionally, too many follicles
develop and a condition called Ovarian
Hyper-Stimulation Syndrome (OHSS)
may occur.
This condition causes a build up
of fluid in the abdomen and chest. It
occurs when too many eggs develop in
the ovaries, which become very large
and painful. Symptoms include pain
and bloating in the lower abdomen,
nausea or vomiting. OHSS can usually
be treated with bed rest, but in severe
cases require the fluid to be drained.
Common symptoms from infertility
drugs are tenderness and swelling of
the abdomen, breast tenderness, slight

nausea, dizziness, headaches, and
mood swings much like during a regular
menstrual cycle. Many IVF medications
must be taken by injections several
times a day. Not only can this be a
physical strain, but can be emotional as
well.

associated with receiving anesthesia.
There is a risk of bleeding, infection,
and damage to the bowel, bladder
or blood vessel, although the risk is
low and less than one patient in 1,000
will require surgery to repair damage
caused during the egg retrieval process.

Ectopic Pregnancy
An IVF procedure can slightly increase
the chances of an ectopic pregnancy.
The good news is that the patient will
have a series of hormone tests to make
sure the embryo is growing properly.
While this close monitoring will not
prevent an ectopic pregnancy, it may
help reduce risks of complications if
an ectopic pregnancy does occur. As
in any pregnancy, it is important to
consult your doctor immediately if you
experience vaginal bleeding or stomach
pain after an IVF cycle.

Success Rates
Success is based on the ability to
ovulate and produce multiple eggs
for fertilization. IVF success rates can
vary depending on age and health
status; one cycle requires a significant
physical, emotional, financial and time
commitment, especially for those who
face multiple IVF cycles before you get
pregnant.
While certain fertility problems
are more challenging to treat than
others, age plays a significant role in
the success of an IVF treatment. The
number of eggs collected is lower in
older women and the quality of the
embryos is usually decreased. Higher
doses of hormones are usually required
in older women; there is also a higher
risk of low or no response to the
stimulating drugs.
Couples must remember that when
committing to an IVF procedure, they
are making a huge emotional and
financial commitment. But, for most
couples it is a commitment worth the
investment.

5

6 Miscarriage
The risk of a miscarriage after IVF is no
higher than after a natural conception.
Pregnancy results take two weeks,
which can be the most emotional time
for an infertile couple. It is important
not to worry since stress can be related
to infertility and miscarriage.

Other Risks
The egg retrieval process and the use
of laparoscopy carry the usual risks
7

8

@THESAFETYREPORT / THESAFETYREPORT.COM / 13

DOEs my
child have

adhd?
How to cope, have patience and live life in an ADHD-infused family
by Jeff Weinstein

Have you ever asked yourself, “Does
my child have ADHD?”
I didn’t know much about Attention
Deficit Hyperactivity Disorder (ADHD)
before 2006. It sounded like a label
that kids who could not control
themselves were given as opposed
to just saying they were bad kids, illmannered or spoiled.
That was before I was sitting in the
child’s psychiatrist office awaiting
another diagnosis for our oldest
daughter. We had been to several
psychologists, neurologists and
psychiatrists. While there were family
members and friends who thought we
spoiled our daughter (I confess this is
true), my wife and I knew that there
had to be more to the issues with our
child other than “bad parenting.”
Like many developmental disorders,
symptoms of ADHD usually appear
before a child reaches the age of 10. It
affects less than 5 percent of children
14 / THE SAFETY REPORT / SUMMER 2012

but the number of children diagnosed
in schools is substantially higher—
sometimes close to 1 in 5 children.
We knew that she had multiple
neurological issues. She had both
vocal and physical tics. She was very
sensitive to light and loud noises and
she had issues with socialization within
our home and in public.
At this particular doctor visit, we
learned something new that truly
helped us break through some of the
haze: Not only is there an argument
over what ADHD is, but there is also a
huge argument among clinicians as to
how to diagnose this disorder versus
other similar disorders.
Instead of trying to make
a distinction at this visit, the
doctor drew a triangle and said,
“Congratulations, your daughter
meets the criteria of each part of this
triangle: ADHD, OCD (ObsessiveCompulsive Disorder) and Tourette

syndrome.”
For parents with children suffering
from these conditions, a diagnosis
might bring some comfort, but the
waters are very murky when it comes
to an absolute answer and a diagnosis
may not be 100 percent accurate.

FAST FORWARD TO TODAY

These days, the diagnosis is still ADHD
and OCD, but the neurological part
of the diagnosis has been changed
from Tourette syndrome to Asperger’s
syndrome. The only reason I mention
that is to say that the diagnosis of a
child with these disorders is a moving
target.
Another problem for us is that our
daughter is adopted, so we don’t have
a true family history to work from,
although that might not mean much
in the ADHD discussion. ADHD is not
considered a neurological disease; it is
considered a behavioral disease.

“

If there is a drug
that can make my
child’s daily life
more livable, I’m
going to allow her
to take it.”

Here are some signs that we see
in our daughter although not in any
particular order:
• She is easily distracted and has a
hard time staying on task.
• You can be talking directly to her
and realize she didn’t hear a word
because she is daydreaming.
• In response to just about any
question as to why she is not
completing a task, the answer is
that she is bored.
• She doesn’t appear to listen when
she is spoken to.
• She has trouble following
instructions.
• She becomes easily distracted.
• She has little or no patience.
• She makes inappropriate comments.
• She has a hard time allowing others
to speak during a conversation and
interrupts others while they are
conversing.
We know people in a similar
situation who choose not to medicate
their child. I understand and
appreciate their position, but if there
is a drug that can make my child’s
daily life more livable, I’m going to
allow her to take it.
Medication is not the only answer
though. We have learned that it takes
a combination of counseling and
medication to see true behavioral
changes. The rest of us in the

family would probably benefit from
additional counseling. I know we
would benefit from taking medication
but it has not been offered—yet.

FUTURE PLANS
What does the future hold for our
daughter? Wikipedia states that
children diagnosed with ADHD will
continue into adulthood to experience
problems even if they receive medical
treatment.
These problems were noted as
being at increased risk of automobile
collisions, injuries, continued medical
expense, earlier sexual experiences
and teenage pregnancy. If there is
good news here, it is that many people
with ADHD learn coping techniques
that help them mask or hide the
disease. We have learned several
coping skills over her lifetime thus far,
but the coping techniques take time
and must be practiced.
Our experiences have led us to a
few tips I feel comfortable passing on.
It was truly difficult for my wife and
me to honestly acknowledge that our
child has issues that we have very little
control over.
In fact, it is a daily struggle. A child
with ADHD unintentionally disrupts
the normal flow of the family. This
issue must be dealt with directly by
constantly communicating feelings and
concerns among family members.

Other non-ADHD diagnosed
children must feel comfortable
expressing their emotions with
you. Finding a good counselor who
understands behavioral issues and
provides good exercises for learning
coping skills is a must.
If your counselor doesn’t provide
home exercises to practice coping
skills, you must ask for them or find a
counselor who does.
Don’t be afraid of medication.
You’re not doping your child and
anyone that tells you so doesn’t have a
child with this disorder or doesn’t live
in the real world.
Don’t be afraid to experiment with
different medications offered by your
physician, realizing that just about the
time you get the right medication mix,
your child will grow and may require a
different combination.
Question your doctors and
counselors. We’re all in this together to
find the answers.
Above all, have patience. Episodes
of disruption usually pass rather quickly
but the emotional scars of not showing
love and empathy may last much
longer than any behavioral issue.
Until the cure for ADHD is found,
don’t be afraid to seek counseling for
all family members to discuss coping
skills as well as reaching out to support
groups that provide help or assistance
in dealing with ADHD.
@THESAFETYREPORT / THESAFETYREPORT.COM / 15

THE

SKINNY
ON SPF
by David Bernstein

M

ost of us love being
outdoors during the
summer doing activities,
such as swimming,
playing sports, boating, fishing,
golfing, going to the park or even just
taking a walk.
However, if outside for too long
without proper sun protection, terrible
things can happen to our skin.
A bad sunburn is not only painful,
but it can also potentially cause
our skin to prematurely wrinkle and
possibly even lead to skin cancer.
What should we do to enjoy the
outdoors without risking our long-term
health and our appearance? The best
choice is to protect our exposed skin
during the day with proper sunscreen
protection.
Most of us have heard of sunscreen
protection with SPF, which stands for
Sun Protection Factor. The SPF number
is the amount of sun that causes
redness in sunscreen-protected skin,
divided by the amount of sun that
causes redness in unprotected skin. It
is mainly a measure of UVB protection
and usually is seen on sunscreens
ranging from 2 to 45 (and higher).
For example, if we normally burn in
10 minutes without sunscreen, then
applying a sunscreen with an SPF of 15
16 / THE SAFETY REPORT / SUMMER 2012

will allow us to stay out in the sun 15
times longer (15 SPF x 10 minutes =
150 minutes) before burning than we
would without sunscreen.
According to the FDA, “Even on
an overcast day, up to 80 percent of
the sun’s UV rays can get through the
clouds.” Thus, even when it is cloudy,
we need sunscreen to avoid getting a
sunburn.
The FDA also states that even
though some sunscreens may be
water-resistant, no sunscreen is truly
waterproof or sweatproof. Therefore,
we need to reapply sunscreen after
swimming or working up a sweat.
A base tan is not a substitute for
sunscreen. There is no such thing as a
healthy tan. Even people with deeply
pigmented skin who rarely burn should
use sunscreen. According to the EPA,
“everybody, regardless of race or
ethnicity, is subject to the potential
adverse effects of overexposure to the
sun.”
It is important to note that the
SPF number is only a measure of
the sunscreen’s level of protection
against UVB rays, which typically
cause sunburn. Please note that
the SPF number does not take into
consideration whether the
sunscreen protects against UVA rays,

“EVERYBODY,
REGARDLESS OF
RACE OR ETHNICITY,
IS SUBJECT TO
THE POTENTIAL
ADVERSE EFFECTS OF
OVEREXPOSURE TO
THE SUN.” – FOOD AND
DRUG ADMINISTRATION

which penetrate deep into the skin and
cause premature aging of the skin.
Check the label on the sunscreen
to see if it also states how much
UVA protection the sunscreen offers.
Unfortunately, some sunscreens do
not offer any UVA protection at all.
Preferably, if the label does not set
forth how much UVA protection is
offered, look for a broad-spectrum
sunscreen with a minimum SPF of 15 to
30.
If we limit exposure to the sun when
it is strongest—between 11 a.m. and
2 p.m.—and use the common sense
approach set forth above, we can
continue to enjoy the outdoors without
worrying about the dangers of too
much sun.

THE
IMPORTANCE
OF DRINKING

WATER
...ESPECIALLY IN
THE SUMMER MONTHS
by Alison DeViliers

SUMMER IS AN IMPORTANT TIME
to be aware of how much water we
are consuming. Warm, sunny days
and outdoor activities lead to an
increase in sweat as your body works
to keep cool. Now is the time to be
particularly conscious about staying
hydrated and healthy.
According to the Mayo Clinic, water
makes up about 60 percent of our
body weight. Water is extremely
important to a healthy body as it helps
to transport nutrients and oxygen
into cells, regulate body temperature,
detoxify, protect vital organs and help
them absorb nutrients and protect
and moisturize our joints. Drinking
plenty of water can also increase your
overall quality of life by helping you
to lose weight, have healthier looking
skin, be more productive and feel
healthier.
Dehydration can have many
negative consequences, such as
fatigue, migraines, constipation,
muscle cramps, kidney problems, dry
skin, sluggish metabolism, and pH
imbalance. Symptoms of dehydration
include dark urine, dry skin, thirst,
hunger and fatigue.
If you suspect you are dehydrated,
it is important to increase your water
intake. While studies vary on the
recommended daily water intake,
it is generally accepted that you
should drink at least eight, 8-ounce
glasses of water per day. This can vary
depending on your size, how active
you are, the climate you live in, your

health status, and if you are pregnant
or breast-feeding.
About 25 percent of our water
intake is from the foods that we eat.
You can increase your water intake by
eating foods high in water content,
such as watermelon, tomatoes, and
leafy green vegetables. Beverages
such as milk and juice are also
composed of mostly water, but are
not calorie-free like water.
One way to ensure that you are
drinking plenty of water is to fill a
2-liter bottle (approximately eight,
8-ounce glasses) at the beginning of
each day. Make sure that it is gone
by the end of the day and have a few
extra glasses of water if it is especially
warm or you have increased your
amount of exercise. If you are not a
fan of water and want to add some
flavor, add a slice of lemon or other
citrus fruit.
So remember, the next time you
reach for a soda, substitute a bottle of
water. Your body will thank you.

Did You Know?
• Water makes up approx. 60
percent of our body weight.
• Not drinking enough water
can result in dehydration.
• You should drink at least
eight, 8-ounce glasses of
water per day.
• Dehydration can have many
negative consequences,
such as fatigue, migraines,
constipation, muscle
cramps, kidney problems,
dry skin, sluggish
metabolism, and pH
imbalance.
• Symptoms of dehydration
include dark urine, dry skin,
thirst, hunger and fatigue.
@THESAFETYREPORT / THESAFETYREPORT.COM / 17

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lifestyle&leisure

is there a

HOARDER
IN YOUR LIFE?

Signs to look for and how to help
by Doug Landau
Hoarding—and the issues that
come along with it—is nothing new.
However, given the success of topical
reality shows on cable channels such
as TLC and A&E, there seems to
be a new light being shone on this
psychological condition. There is no
cure or magic pill, but for those who
want it, there is both help and hope.
In this exclusive interview, we talk
with clinical psychologist Keith E.
Saylor, Ph.D., Sc.M, president and
CEO of NeuroScience, Inc., about
the triggers of hoarding, who’s more
susceptible and what traits to look
for when caring for those in your life.
Saylor recently appeared on “TLC
Reveals The Hidden Lives of Hoarders
in Hoarding: Buried Alive.”

Doug Landau: Hoarding is a huge
problem for people from all walks
of life. That said, it seems as though
there is a trend with homebound
and/or elderly folks.
Keith Saylor, Ph.D., Sc.M: It’s basic
deduction, really. If you have no
way of emptying your home, things
accumulate. At the end of the day,
hoarding is typically a problem of too
much inflow and too little output.
Disabled/elderly people would need
help sorting through what they have
and ensuring that enough goes out so
that the pathways in their homes are
clear for ingress and egress.
Landau: Are there physical attributes
that may predispose someone to be
a hoarder?
Saylor: No, people hoard for
psychological reasons. The things
hoarders keep are often things of no
intrinsic, sentimental or other value.
Old magazines, clothes that no longer
fit, toys, outdated electronics, broken
sports equipment and damaged
furniture are just some examples.

Landau: What should someone do if
they see the symptoms of hoarding
starting to manifest?
Saylor: I think it’s important to start
before the symptoms. In other words,
if someone is disabled, watching very
early to make sure the trash is taken
out on a timely basis, the recycling is
done, mail does not build up, etc., will
be a sure sign.
Shopping online is an issue as well;
too many things coming in and looking
for bargains are definitely risk signs for
20 / THE SAFETY REPORT / SUMMER 2012

hoarders.
This is definitely an area in which
family can step in and help before the
amount of material acquired online
and elsewhere takes up otherwise
available, usable space and potentially
bankrupts the diagnosed individual.
Family should be aware, vigilant
and helpful in ensuring that there is
no buildup of costly and potentially
dangerous materials or mass.
Landau: Anxiety and depression are
some of the traits consistent with
people who suffer from this condition.
How do these characteristics play into
the presentation of hoarding?
Saylor: Some of the usual sources
of relationships and satisfaction
become limited as we get older or if
we become disabled. Those sources
typically have some sort of connection
to anxiety and/or depression. Hence,
we start to find satisfaction and
happiness in other things—including
objects.
And those objects—which may look
like “garbage” to others but trigger
happy memories—may be saved in
order not to have to face the reality of
their situations.
In turn, these people develop
psychological attachments to items
instead of people and that’s when the
hoarding truly begins.
Landau: What about the home’s
environment? Are folks affected even
aware of the dangers around them?
Saylor: People do not become
hoarders by choice. They are often
unaware of the danger just in the
immobility and inability to get around
in their own homes.
Rooms and entire floors become
unusable, plumbing becomes
unusable, electrical wiring become
dangerous, access to heating, air
conditioning and other vents gets
blocked, and often garbage and waste
products build up.
It’s not something people
think about. They are not saying
to themselves, “I’ve got to stop
accumulating stuff and saving it
forever.” They are not aware of the
dangers that come with hoarding, so

they just accumulate.
Once this occurs, we start to see
rodents, fire hazards and personal
safety issues (i.e., tripping, slipping,
falling, etc.), which are especially
dangerous for those who are already
disabled, elderly and/or living alone.
Landau: How should a family deal
with a hoarder who is also disabled?
Saylor: Hoarding is probably worst
for disabled people just based on the
sheer difficultly in getting around.
It’s imperative that a caring, trusted
family member, friend or neighbor
take control by gently, but assertively,
removing items to prevent needless
harm and injury.
Even just saying, “I am going to
keep these things at my house or in
my basement” is better than ripping it
away.
There is a tendency to abandon
people or throw your hands up, which
is maybe understandable if the person
is fully capable, but if the person is
disabled, that cannot be an outcome.
There should be an advocate on some
level, even if it is not a family member.
Hiring an organizational team,
getting some sort of mental health
professional involved or sometimes
even medicine can help with the
anxiety and depression, but there is no
medicine that treats hoarding alone—
nothing that’s effective yet, anyway.
If there is an underlying disorder
prior to the disability, like an obsessive
compulsive disorder (OCD) or anxiety
or mood disorder, hoarding would
likely set in faster and the symptoms
would become more severe more
quickly.
Landau: While hoarding is not
triggered by physicality, it can cause
physical ailments. Do hoarders respond
to the onset of physical problems
brought on by hoarding? Is there any
sort of reward system that works?
Saylor: Unfortunately, the “reward” is
the keeping of the items they hoard.
Therefore, the reward for not keeping
has to be far greater and it is almost
impossible to find that.
Generally speaking, people who
hoard will not come in for treatment—

not unless they are highly motivated
and realize they want to clear things
out. That would be the only instance
in which a rewards system would work.
They have to want to fix the problem
first.
It is rare to find a reward or incentive
big enough to keep the person from
starting to hoard all over again. It is
sort of like weight loss. You have to
have a “window of acceptability” that
the person agrees to and sticks with.
Especially for the disabled person
whose choices are limited in terms of
mobility, even the best of intentions
for getting rid of the hoard can get
stymied.
Landau: What type of therapy works
best?
Saylor: There are all kinds of reasons
people keep things, so that is why
psychological counseling is often
imperative to help the person to
understand. The best form of therapy
is an “exposure-based” treatment,
whereby the affected person really
knows what is happening and is given
tools to withstand the discomfort of
the separation.
This all comes from the limbic brain
(which controls our emotions). The
removal of objects is perceived as a

threat to the person who hoards. When
piles are moved, the hoarder feels very
anxious and uncomfortable. But due to
the brain’s capacity for neuroplasticity,
you can change the wiring.
So the experience (of moving and
hopefully removing accumulated
material) becomes very different over
time and the person can tolerate the
discomfort. We try to emphasize not
avoiding that discomfort and thereby
going right back to the hoarding,
because that’s a state of avoidance
and all that does is perpetuate the
problem.
Landau: Let’s talk about “hoarding
rebounders.” The name itself seems
pretty obvious...
Saylor: It’s the same as a recovering
addict. Vigilance is needed so that
nothing exceeds the “window of
acceptability.”
Plus, even in situations in which
the hoarder has disgorged some of
the stored items, we see a physical
manifestation of the stress in the
form of nausea, anxiety, fatigue, etc.
These people experience an extreme
“low,” much like someone who has
lost a loved one. They often want to
see the piles every day, and when the
accumulated materials are gone, they

mourn. It is not unusual to see this
response in hoarders, so family and
friends need to be supportive and
vigilant.
If a person with hoarding tendencies
sustains an acute injury or disability,
then the attention the patient gets may
help, in the short run, avoiding more
accumulation.
However, this attention usually
dissipates over time as others cannot
sustain that initial level of attention.
The loneliness then sets in and
often compels some compensatory
mechanism, such as buying, keeping
and other such habits.
The other thing to consider is the
effect of medication on a person’s
moods and inhibitions. This is
especially true of pain medications.
Such medications can encourage a
lack of care in hygiene, both personal
and environmental. These additional
factors can contribute to hoarding.
Once these medication and dosage
issues are taken care of, they may
also lead to a reduction in the overall
hygiene and hoarding safety problem.
If you know a person with hoarding
tendencies who is compromising
their health and safety, mental health
professionals should be contacted at
once.
@THESAFETYREPORT / THESAFETYREPORT.COM / 21

How to
Help Kids
Avoid Common
Bicycle Crashes
by Doug Landau

There are many things parents
and siblings can do to reduce
the likelihood of a bicycle
crash. Education, experience,
examples and practice off
and on the road are all key
components. While falls,
scrapes and bumps are part
of many recreational activities,
cycling safely at an early age
can lead to a lifetime of
enjoyment and good health.

Set a Good Example
This is simple. Be a good parent.
Explain that when riding a bike, it is
important to look left and right, just
like when you are driving a car. But
don’t stop there. Explain “defensive
driving” and defensive riding. This will
be hard for younger children who tend
to be more impulsive and less likely to
rely upon their peripheral vision.
Parents who ride bicycles should
model good safety practices. Always
wear your helmet correctly and do a
“preflight inspection” before heading
out on the road. Check your child’s
bicycle for correct fit, properly working
parts, and reflectors. Instruct your child
on the correct way to wear a helmet.
Make sure it fits snugly and covers the
forehead. When your child wears a
helmet correctly, praise him/her.
22 / THE SAFETY REPORT / SUMMER 2012

‘Show & Tell’
In addition to “monkey see, monkey
do,” reinforce safety by getting
books from the local library about
cycling.
Check with your local and state
driver licensing agencies and highway
departments for booklets that explain
bicycle safety rules. Our office has
coloring books to reinforce cycling
safety. Books and magazines that
show hand signals are helpful. Practice
around the home.
Just like “red light, green light,”
children like games, and if they
reinforce safe practices, it is a bonus
for caring parents. If you can while
driving, see if your kids know what
the signs mean (and they will have
fun identifying them while you are
driving).

Hands-On Experience
Besides setting a good example,
books and games involving hand
signals and on the road experiences
with a parent are invaluable. If you are
unable or unsure, enroll your child in
a bicycle safety education program if
one is available in your community.
Some local bike clubs and police
departments conduct “bike rodeos,”
so that kids can have fun and learn
safety tips under the watchful eye

of experienced bike riders and law
enforcement professionals.

Equipment
Besides being critical in reducing
traumatic brain injury in bike crashes,
helmets serve a secondary purpose—
to make the child rider more visible.
Most helmets have reflective tape
and they also make the rider appear
taller and more visible. Helmets
should always be replaced helmets
any time they are involved in a crash.
The small cost of buying or replacing
one can prevent the need for an
emergency room visit or hospital stay.
Replacing helmets that are old,
cracked and/or delaminating could
prevent a serious head injury and
permanent disability.
Bicycle equipment does not stop
at the top. In addition to helmets,
shoelaces should not be loose: they
might get caught in the gears and
bring a young rider down.
Loose-fitting bell bottom pants
can also cause a crash, so make sure
that clothing does not create an
unnecessary risk of harm. And while
most young people are never far from
their iPods or MP3 players, never let a
child ride a bicycle while listening to
audio headphones. A child needs to
use all of his/her senses to ride safely.

Selecting the
Right Bicycle

HELMET
by Larry E. Coben

E

very year, bike crashes kill
about 700 people and about
10 percent of those who die
are kids. Almost all of the fatal crashes
are in collisions with cars—and occur
because of catastrophic head injuries.
About 50 percent of all bicyclists do
not wear a helmet. Proper helmet
usage reduces head injury risk by more
than 80 percent.
A helmet is worn to protect your
head, brain and parts of your neck.
When the head hits the pavement,
the foam inside the helmet crushes
and cushions the blow. The hard shell
makes it skid on the street so your neck
does not get jerked. It also protects
the foam and keeps it in one piece.
Wearing a helmet not only applies to
bicycling, but also to skateboarding,
rollerblading and scooters. Accidents
can happen in all of these activities
and the proper protection is needed to
prevent serious injury.

Everyone Needs a Helmet
Today’s helmets have cool designs, are
more comfortable and easier to wear
than ever before, but they must fit to
be safe.

Selecting a Bicycle Helmet
Make sure the helmet is safe. Look for
a seal of approval from organizations
such as the Consumer Product Safety
Commission (CPSC) or the Snell
Memorial Foundation. Remember, your
brain is at least as valuable as your bike!

Make sure it fits snugly. You shouldn’t
be able to move the bicycle helmet
more than one inch in any direction,
front to back or side to side. The
sizing pads included with every bicycle
helmet can help make the fit more
secure.

Wearing a Bicycle Helmet
The rules for wearing a bicycle helmet
are the same for kids and adults:
1. Wear the helmet flat on the top of
your head. The chinstrap should
be comfortably snug. Make sure
the helmet covers the top of your
forehead without tilting forward or
backward, and the straps form a V
shape under each ear.
2. Fasten the chin strap below your
chin—not to the side or along your
jaw. If the bicycle helmet rocks from
side to side or front to back, use
the sizing pads that came with the
helmet to get a better fit. Wear
the helmet level on the head—two
finger widths above the eyebrows—
and not tilting in any direction.

Helmet Fit
When the chin strap is buckled, a
bicycle helmet should have a snug but
comfortable fit. You should not be able
to move the helmet from side-to-side
or back and forth. The helmet should
sit level on the head (not tilted back)
and rest low on the forehead.
The bottom edge of the front of the
helmet should be one to two finger

widths above the eyebrow. Another
technique to check proper positioning
is this: your eyes should be able to
see the very edge of the helmet when
looking upward.
The straps of the helmet need to
be even and should form a “Y” that
comes together right at the bottom
of the earlobe. The straps should be
snug against the head. The buckled
chin strap should leave only enough
room to allow one finger to be inserted
between the buckle and chin. When
opening your mouth, you should be
able to feel the helmet pull down on
your head.

NEED MORE INFO?
1 National Safe Kids

Campaign

www.safekids.org

2 Consumer Product Safety

Commission

www.cpsc.gov

3 National Bicycle Safety

Network

www.nsc.org

4 National Highway Traffic

Safety Admn

www.nhtsa.dot.gov/kids

5 Snell Memorial Foundation
www.smf.org

@THESAFETYREPORT / THESAFETYREPORT.COM / 23

- ADVERTISEMENT -

DO
FOOD
JOURNALS
HELP YOU
LOSE
WEIGHT?
by Jon Lewis

There are scores of
weight-loss strategies.
You’ll find them on
TV, in magazines, on
the radio and on the
Internet. And many of them have
controversy tied to them: There
is not enough of this, too much of
that.
But, there is one strategy that
most experts feel will help you lose
those extra pounds: keeping a food
journal or diary.
In fact, studies show most people
can double their weight loss by
keeping track of what foods they
eat—and when. One researcher
says people who keep a food diary
or journal six days a week lost
about twice as much weight as
those who kept food records one
day a week or less.

Increasing Your Food Awareness
So how does keeping a food journal

Easy and Simple

help you lose weight? For one thing,
it increases your awareness of what
types of foods you are eating and
how many calories you are consuming
each day. Experts say the key is being
completely honest with yourself.
If you are, you can see how mindless
munching of cookies, chips and
other snacks can really derail your
weight loss plan. Experts also say
a journal can help people identify
areas where they can change their
eating behaviors. Many times, people
don’t realize how many calories they
consume from beverages and snacks.
Psychologists say food journals can
bring to light patterns of overeating,
and can reveal triggers to avoid,
such as eating when you are upset,
not eating enough during the day
or eating too many fatty foods while
sitting in front of the TV at night.

Food journals are also
extremely simple to create.
All you need is a notebook
and pen.
Just write down everything you
consume. It’s easy when you prepare
food at home, but it’s a little more
difficult when you go out to eat. You
can find online calorie databases,
such as CalorieKing.com, to help you
determine what you consumed.

‘That Has How Many Calories?’
Food journals are also eye opening.
Most people are shocked when they
realize how many calories they are
consuming each day.
Once you keep a journal, there
is usually an “aha” moment when it
dawns on you, you need to eliminate
certain things from your diet to help
you reach your weight-loss goals.
Journals can help you keep track of
your progress and they make you feel
accountable to someone, even if it is
only to yourself.
@THESAFETYREPORT / THESAFETYREPORT.COM / 25

WebMD has several tips on how to make
a food journal or diary work for you.
Know your reasons.
If you know what you hope to gain from your food
diary, you can make sure you’re recording the type of
information that will help you in that area.

Choose your format.
There is no one size fits all. There are as many types
food diaries or journals as there are people. There are
plenty of examples on the Internet. You can even create
your own. Choose one that is the most comfortable for
you. You will tend to use it more and longer than one
you are not comfortable with.

Decide how often you want to update.
You should make entries at least five days a week, but
writing in it every day is best. You make notes at certain
time each day, or throughout the day, experts agree
it’s better if you make an entry directly after you eat or
drink something.

Decide how detailed you want to be.
There are no set rules here. You can be as detailed or
sketchy as you want to be. The important thing is writing
down enough information so you can see where there
is room for improvement and realizing when you are
eating the right foods and drinking the right beverages.

Be accurate about portion sizes.
If you just want to get a general picture of what you’re
eating and drinking, then this is not as important. But,
if you want to get a precise picture of what you’re
consuming the more detail, the better. You might want
to weigh your portions at first, then just on certain
occasions after you begin to know how much each
portion weighs.

Include the extras that add up.
The more you write down, the more you’ll realize what
you need to change about your diet. Include that extra
handful of M&Ms. That extra portion of chips. Putting
mayo on your sandwich. Once you see the patterns,
you’ll know what to cut out to loose those extra pounds.

Review what you wrote.
Food journals are most helpful when you go back and
review what you wrote. You can do this with on your
own, a dietitian or a therapist, who can help you see
certain patterns that are keeping you from losing and
suggest options for you to try.

26 / THE SAFETY REPORT / SUMMER 2012

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Novice or Expert?
Know the Rules for
Boating Fun
Tips for Staying Safe While at Sea
by John McKiggan

S

ummer is upon us, which means
we’ll all be spending a lot more
time outside and probably in
the water—maybe by the pool or at
the beach; maybe even enjoying some
boating and watercraft activities.
While all of these activities are
exciting and fun, it is always important
to remember to consider your level of
experience and expertise—especially
when it comes to boating and more.
A few simple tips and some common
sense preparation can ensure that your
time spent on the water is relaxing and
fun.

RESPONDING TO
ONBOARD EMERGENCIES
The best emergency is the one you
are able to prevent through proper
preparation. However, mistakes
happen and you cannot control the
actions of other boaters who may
place you and your passengers in
jeopardy.
Knowing how to respond to common
boating emergencies can mean the
difference between tragedy and having
an exciting story to tell once you reach
the dock.
28 / THE SAFETY REPORT / SUMMER 2012

UNDERSTAND THE WEATHER
“Red sky at night, sailors delight. red
sky at morning, sailors take warning!”
While it is a catchy little rhyme,
trusting your safety to some antiquated
nautical poetry is perhaps not the
safest practice. Many accidents happen
when boaters encounter unanticipated
changes in the weather.
There is an old expression: “If you
don’t like the weather, wait a minute
or walk a mile.” The adage merely
recognizes weather can change
dramatically from location to location
and hour to hour. That’s why it is
important to check out the nautical
weather forecast.
Remember marine weather
broadcasts wind speed in knots. Light
winds, less than 15 knots, translates
into 11 mph (19 km/h) or less. Strong
winds, up to 33 knots, can mean winds
of more than 35 mph (61 km/h).

WHAT TO DO
IN ROUGH SEAS
Rough weather is a subjective term. To
someone who has just started boating
or is susceptible to sea sickness,
15-knot winds can be scary. But to

someone who is used to sailing in a
variety of conditions, the weather may
only start getting “rough” when the
wind reaches 30 knots and the waves
are 6 feet (2 meters) or higher.
Putting on life jackets or personal
floatation devices is prudent. Make
sure you have buckets or bailers close
to hand. Ensure bilge pumps are
working and that deck drains are clear.
At the first sign of inclement weather,
you should “batten down the hatches.”
Close all open ports, doors and
hatches and turn on your navigation
lights.
When navigating through rough
waters, avoid plowing straight into
oncoming waves which can swamp
your boat as a result of water coming
over the bow. For the same reason,
you shouldn’t run with the sea
because waves may overtake the stern
of your boat causing you to take on
water. The safest way to navigate in
rough waters is to take waves at an
angle and to tack, or use a zigzag
pattern, to get back to shore.

I SPY
There’s a reason ships had a lookout

at the top of the tallest mast. You
should always maintain a lookout
for changing weather conditions.
Being caught in heavy fog or rain can
significantly reduce your visibility.
Poor visibility is a common cause of
accidents on highways and it is the
same on the water.
If you do get caught in conditions
of poor visibility, turn on your boats
running lights, sound your fog horn
and raise your radar reflector if you
have one.

ALCOHOL
Laws regarding consuming alcohol on
boats differ from province to province
and state to state. However, in every
area, it is illegal to operate a boat
while impaired.
The Canadian Red Cross reported
alcohol is responsible for 40 percent of
all boating accidents. Up to 66 percent
of boaters admit to drinking alcohol
while boating.
People who would never think of
swigging a beer while driving down the
highway think nothing of consuming
half a dozen beers while speeding
around in a boat with their friends and
children.
The fact remains whether you have a
single beer or a glass of wine, drinking
while you are boating puts you, your
passengers and other boaters at risk.

PERSON OVERBOARD!
People can end up in the water as a
result of stumbling or tripping or they
may end up in the water after falling
off water skis or a tube being towed
behind your boat. Losing someone
overboard can be a life-threatening
emergency.
Prudent boaters will consider, in
advance, what steps they will take for
recovering persons who have fallen
overboard.
The first thing you should do if
someone falls overboard is to throw
out a life ring or life jacket to mark the
spot in case the person submerges
while you bring the boat around to
affect recovery.
One person should be designated as

the lookout to keep the person in the
water under constant surveillance.
When approaching someone in
the water, it is best to come from the
leeward side (the opposite side the
wind is blowing from) so that the wind
does not blow the vessel into the
person possibly knocking them out or
causing them further injury.
Decide if you will attempt to recover
the person from the side of your boat
or the stern. Trying to pull someone
over the gunwales (side edge) of a
boat can swamp the vessel.
If you are in a motorboat, shut
the engine down before attempting
recovery. People who are in the
water but otherwise safe can suffer
serious injuries if they are pulled into a
spinning propeller.
If someone must go into the water
to help the person who has fallen
overboard it is imperative they wear
a life jacket or PFD. Remember, the
person who has fallen overboard may
be panicked and dangerous.

CO POISONING
Carbon monoxide is produce when
burning fuel. The gas is odorless,
tasteless and colorless. Exposure to
carbon monoxide can cause brain
damage or death.
Signs of carbon monoxide
poisoning include nausea, headaches,
vertigo (dizziness) and drowsiness.
The symptoms of carbon monoxide
poisoning can be confused with sea
sickness, heat stroke or intoxication.
However, unlike any of these less
serious illnesses, carbon monoxide
poisoning can kill you.
If you suspect you or one of
your passengers is suffering from
symptoms of carbon monoxide
poisoning you should move
immediately to a well-ventilated area,
call 911 and seek medical attention.

HEAT STROKE
The signs and symptoms of heat
stroke include muscle cramps,
weakness, dizziness, nausea, sweating
and fainting. Severe cases of heat
stroke can lead to hallucinations,

“If you don’t like
the weather,
wait a minute or
walk a mile.”
confusion and seizures.
The easiest way to prevent heat
stoke is to remain well hydrated (with
water, not alcohol) and to stay in a cool
shady area or wear a hat.
Remember drinking alcohol or
caffeinated beverages accelerates
dehydration. Treatment of severe
cases requires that you get the victim
to a cool shaded area, apply cool
compresses or water to the skin. In
extreme cases you may want to place
icepacks in the victim’s armpits and
groin area.

SEA SICKNESS
While sea sickness isn’t fatal or even
seriously life threatening, it can
certainly ruin an otherwise pleasant
day on the water.
Sea sickness is the result of the
body’s inner ear balance system
reacting to the unfamiliar rocking
motion of the boat.
There are numerous types of
medications that can be taken to
prevent sea sickness. The most
common non-pharmaceutical remedy
is ginger. Non-medical or herbal means
of preventing sea sickness includes
applying pressure points to your wrist
where you find your pulse.

THINK LIKE A BOY SCOUT
The easiest way to ensure your boating
excursion is safe and enjoyable is
to remember the Boy Scout motto:
“Be Prepared.” If you prepare for
emergencies you will be more aware
of the situations that can cause them,
and be in a better position to respond
when they do.
@THESAFETYREPORT / THESAFETYREPORT.COM / 29

FINANCIAL PITFALLS
A ND HOW TO AV O I D THEM

by Andrew D. Nebenzahl
easy to accrue
lots of debt—and
quickly. However,
it’s not so easy to
get out from under
once you’re there.
One way to help your future is to
look back on the past. What financial
mistakes did you make? How can you
make sure not to repeat them? Here
are some financial lessons learned
that should help you live a more
prosperous future:

It’s

Easier Said Than Done
Debt is a necessary evil for everyone
whether it be school loans, car loans,
credit card balances or the mother
of all debt—a home mortgage. It is
essential that everyone have a debt
management plan to avoid serious
pitfalls.
The obvious advice is to avoid debt
overexposure—but if you have to
borrow, know what you are getting
into and do so as least expensively as
possible. The least expensive debt is
a home mortgage because not only
30 / THE SAFETY REPORT / SUMMER 2012

are interest rates the lowest compared
to other debt, but the interest is tax
deductible. This makes the actual cost
of borrowing even lower.
Generally, the most expensive debt
is credit card debt, which can get out
of control quickly. Recent data from
CreditCards.com reveals that the
average interest rates for those with
scores under 650 (generally referred to
as subprime) is 23.64 percent.
For those with better scores, the
rate tends to be around 15 percent.
The effect is corrosive. As a result of
the recession, home mortgage rates,
by contrast, are the lowest they have
been in 50 years; as little as 4 percent.
If you have loans or credit debts that
you can consolidate into low interesttax detectable debt, consider taking
advantage of this rare moment in
financial history.

Remember Your Credit
Score and Keep It Holy
Your credit score is more important
today than ever. Your scores and credit
report are now considered in the cost

of insurance, whether a landlord will
rent you an apartment and even when
being considered for a job.
Your payment history and amounts
owed make up approximately 65
percent of your credit score: the length
of credit history, types of credit and
new credit account for the balance.
Besides avoiding too much debt, the
most effective strategy for avoiding
a reduction in your credit score is to
make monthly payments on time.
Failing to pay your bills on time is the
sin that keeps on taking.
Even if you cannot pay your entire
credit card balance, make sure you
know when the monthly payment is
due and pay at least the minimum
amount due by the deadline.
Understand that your payment
history can stay on your credit report
for as long as 20 years.
Be sure your personal credit report
is accurate, complete and up-to-date.
You are entitled to one free copy
annually of your own credit report,
either through annualcreditreport.com
or by calling 877-322-8228.

Plan for Old Age Now
You are never too young to think
about your later years. Today, there
are a number of strategies to help
leverage your savings. If you work
for an employer who contributes
or matches your contribution to a
retirement plan—such as a 401(k)—
put in as much as you can.
Contributions to a 401(k) plan are
now tax deductible and grow tax
deferred. If not, open a Roth IRA and
contribute to it every year. Although
contributions to a Roth IRA are not
tax deductible, both the earnings and
the withdrawals are tax free. “Free is
good!!!”
Depending on the circumstances,
you may be able to make withdrawals
from these accounts before
retirement.
For those answers, check with a
tax advisor before doing so because
some withdrawals may result in a
penalty. The bottom line is that by
starting early, and properly managing
your savings, you can grow your
assets exponentially.

Maintain A Stable Of Great
Professional Advisors
Sometimes, it is better to be lucky
than good, but over a lifetime it
simply doesn’t happen very often.
That’s why we all need great advisors.
If you cannot tell a friend that your
accountant, lawyer or investment
advisor isn’t excellent—not good, but
excellent—get someone else.
Your accountant may not be the
funniest guy at the party and that’s
OK. When you select a professional
to work with, ask yourself a few basic
questions:
»» Does this person have the
experience I need?
»» Does she explain my options and
their implications thoroughly?
»» Does he invite and respect my
questions? Is this professional
someone who wants me as a client
for life?
Positive answers to these questions
should guide your selection and
define your relationship over the
years.

Conversely, ask yourself, “Is she
trying to sell me something?” If that
answer is even close to yes, find
someone else.

Look Before You Leap
Most people have huge hearts for
relatives in need. Before you agree
to co-sign any loans, understand the
implications.
First, your nephew’s obligation
or your boyfriend’s debt is your
obligation. From the first day the
money is borrowed—even if you never
see a dime of it—you are obligated to
pay it back and it will appear on your
credit report.
If the loan is paid late—or not
repaid at all—it’s on you. The most
horrifying stories are those where the
credit instrument is self extending.
This is often the case with school
loans or revolving credit.
The victims in these tragedies rarely
understand that the fine print allows
for future credit to be extended
without additional signatures by the
co-signor.

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@THESAFETYREPORT / THESAFETYREPORT.COM / 31

coverfocus

YOUR

BEST
VACATI
YET

Planning and prep key to making the most
of your worry-free getaway
by Stephanie Andre

Summertime is synonymous with family

From preparing your home to transportation,

vacations, weekend getaways and travel far

accommodations and more, take a little

and wide. From hitting the road to exotic

bit of time to make the appropriate

adventures, there are basic rules—and more

arrangements. Here, we take you door-to-

trip-specific pointers—to think about and

door—from Cali to the Caribbean to China—

know before, during and after you depart.

to help you enjoy the best vacation possible.

Vacation Prep Starts at Home
Before you ever walk out the door, you
need to consider what you’re leaving
behind: your home.
There are so many things to
consider: If you have pets, have you
made arrangements for them? Is your
home alarm in working order? Do you
have neighbors you trust?
Safety starts at home, so planning
and preparing your home for while you
are gone is a necessity.
If you feel comfortable with your
neighbors, let them know the exact
dates you’ll be gone. Ask them to
watch for suspicious activity around
your home.
Also, leave a key to your front door
and emergency numbers for your
vacation destination with a trusted
neighbor or friend who is willing to

Lock all gates or doors on your
property.
Place any valuables in a locked safe
or safety deposit box.
If possible, leave a car in your
driveway, or ask a neighbor to park
there on occasion.

Sometimes the Hardest Part—
Getting There
Whether traveling by car, plane,
boat or otherwise, have a travel
plan ready—especially if you have
kids. Consider packing drinks and
snacks. Bringing some additional
entertainment—books, iPods, DVD
players, etc. These items will come
in handy whether traveling in the
backseat of a car, waiting to board a
train or sitting at baggage claim.

ON
watch your home and enter if needed.
Stop deliveries. If you’re going to
be gone more than two to three days,
make arrangements to have your
newspaper and mail deliveries stopped
or picked up by a trusted neighbor or
friend.
Set automatic timers for various
lights inside and outside the house.
Set them for your TV as well. This will
create the illusion someone is home.
Keep the air conditioner on, but
adjust the thermostat so that it saves
energy by not running as often.
If you will be gone more than
five days, make arrangements for
someone to cut your grass.
Mute the ringer on the phone so
unanswered calls go unnoticed to
others.
Lock the garage door. If the door
has an automatic opening device,
unplug it.

In the car: When
making stops, don’t
make it widely
known you’re from out of
town. While most people
these days have a NAV system
of some sort, if you have maps,
make a point to keep them out
of plain sight. If you can help
it, don’t be so obvious with
your luggage either.
Make meal stops at locations at
which you can see your car from your
table inside. If stopping at night, don’t
leave luggage in sight. While it’s a
bit of a pain, bring your possessions
into the room with you. You will be
happier—and probably sleep better—
that you did.
Another great place to take a
break is a truck stop. Travel and truck
centers are some of the safest places
to stop and rest. They have 24-hour
security and professional drivers
who are used to staying aware and
protective of their vehicles. The only
drawback? They aren’t very quiet so
consider this before stopping.
At the airport: First
thing’s first, do you have
everything? Did you
pack your license and/or

passport? Did you lock your car?
Once you’ve answered those
questions, it’s time to move on to
getting to your flight.
These days, while getting through
the airport can be a pain, it’s really
not that difficult to do so. You know
the TSA’s rules for what you can and
cannot bring onboard (or, at least you
should!). Easy plan: when in doubt,
don’t bring it! Whatever it is, you can
buy it upon arrival at your destination.
Now that you’re through security,
remember the common-sense rules:
Don’t leave your bags unattended;
don’t leave your children unattended.
These rules should go without saying,
but people obviously still do not heed
this warning.
The two-in-one
vacay:
a cruise ship
Taking a cruise is a
different experience
all together; it’s more like an
all-inclusive vacation.
Still, there’s lots to know about the
dos and don’ts of cruising.
Rule number uno: don’t cruise
alone. More than any other type
of vacation, safety proponents
advise against this. There is safety
in numbers and it’s pretty easy for
a criminal to document your room
location and daily routine while
onboard a cruise ship.
Similar to staying in a hotel, never
leave valuables out and about in
your room. Use the safe the ship
provides; it is there for a reason.
It’s easy to get comfortable with
those folks working on a cruise
ship. Quick lesson: don’t. It is strictly
forbidden on most cruise lines to
fraternize with those who work on the
ship. It’s for your safety—and theirs.
Watch your drinks. It’s easy to get
in the flow of dancing and having
a great time, but just like at your
favorite pub or bar, it’s essential that
you watch your drinks onboard the
ship as well. Never leave your drink
unattended.
@THESAFETYREPORT / THESAFETYREPORT.COM / 33

Hotels, Motels and
Everything in Between
Ah, you’ve finally reached your
destination. Time to check in, kick back
and relax. Oh, darn—you’re too early.
That’s OK. This will give you time to
ensure that the hotel is placing you in
a room with which you’re comfortable.
A lot of people like rooms that are on
lower levels, in case of fire. If this is your
preference, be sure to request it before
your room is assigned.
Also ask for a room that’s in a
higher traffic area—especially if you’re
traveling alone. Rooms toward the end
of the hallway tend to be more isolated.
For families, this might be a better
option, given the volume!
If your room is ready, but you’re
concerned about others around you
knowing your room number, ask the
desk clerk to write it down in lieu of
saying it out loud.
Once you’re in your room, use
your best judgment about visitors.
If someone knocks, use the security
viewport to see who is outside your
door. Do not trust someone claiming
to be a hotel employee if you are not
expecting one. If you are unsure, call
the front desk to check. Leave the
security chain engaged while opening
the door for further protection.
A few other quick tips:
• Hang the “Do Not Disturb” sign
on the door when you’re out so people
think the room is occupied. Do not hang
the “Please Make Up Room” sign—
that’s a dead giveaway that you’re not
there. Instead, call housekeeping when
you need service.
• If you use the preorder breakfast menu
that hangs on your door, don’t mark a
first name or the number of people in
the room—that’s information strangers
don’t need to know.

If you’re headed out, basic rules
apply: don’t leave cash and/or
valuables lying around and make sure
to ensure that you’ve closed the door
all the way before leaving. Another
good tip: always use the main entrance
when entering or leaving the hotel
after dark.
34 / THE SAFETY REPORT / SUMMER 2012

Sightseeing 101
It’s easy to get lost in a new city or
locale. Sometimes, you find the best
places when you don’t really know
where you’re going. However, you
should still look like you know where
you are.
When sightseeing, avoid standing
on street corners wearing a befuddled
expression while staring at a guidebook
or map. And get your bearings before
you venture out of the car.
In the U.S.: If you’re in
the U.S., you know the
customs, you know how to
blend in without making a
fool of yourself. Still, be respectful of
your surroundings.
Chat up the locals. Get local
information whenever you can. Coffee
shops, hair salons and taverns are
all good places to chat casually with
residents.
Also, pick up a local paper or watch
the local television news. Being aware
of local current events will not only help
you have more fun, it can also keep you
safe.
Still, be mindful of robbers, criminals
and anyone who would cause you harm.
Being on vacation does not mean you
should lose control of your smarts.
Outside the U.S.:
Here’s where it gets
tricky. Respect for one
another’s culture is vital.
Remember that the customs you take
for granted on a day-to-day basis may
be completely different in a foreign
country.
From driving on the left instead of
the right to breaking each afternoon
for a siesta, these rituals and customs
are unique to each land’s heritage and
history. Respect and embrace that and
you will not only blend in, but have a
wonderful time, truly taking in all the
world has to offer. Do your best before
you head out to learn about the local
customs and traditions.
Also important: make sure you
understand the currency exchange

whenever you go. You don’t want
to think you got a great deal on a
purchase, only to later find out that you
were swindled. Also, keep traveler’s
checks, some U.S. dollars and a credit
card with you at all times.
When visiting cities abroad, chances
are you will take a taxi or use public
transportation. For taxi service, be
sure to only take taxis that are clearly
identified with official markings. Beware
of unmarked cabs.
Traveling via rail is much more
prevalent in places such as Europe
than in the U.S. Be sure to know your
surroundings on rail service as touristy
routes are high-traffic areas for thieves.
If you see your way being blocked by
a stranger and another person is very
close to you from behind, move away.
This can happen in the corridor of the
train or on the platform or station.
Also, do not accept food or drink
from strangers. Criminals have been
known to drug food or drinks offered to
passengers. Where possible, lock your
compartment. If it cannot be locked
securely, take turns sleeping in shifts
with your traveling companions. If that
is not possible, stay awake. If
you must sleep unprotected, tie
down your luggage and secure
your valuables.
According to the U.S. Office
of the Inspector General, the
same type of criminal activity
found on trains can be found on
public buses on popular tourist
routes. Be careful and stay
alert to your surroundings
at all times.
Scary warnings aside
(sorry, but it’s better
to be informed!), have
a great time this summer.
Whether it’s a roadtrip with
friends, a romantic getaway
or a family vacation down the
coast, a little planning and
preparation will help you be less
stressed and more relaxed, so
you’re poised to have the best
vacation yet.

How to

Handle Money Safely
while traveling abroad
• To avoid carrying large
amounts of cash, change
your travelers’ checks
only as you need currency.
Countersign travelers’ checks
only in front of the person
who will cash them.
• Do not flash large amounts
of money when paying a bill.
Make sure your credit card
is returned to you after each
transaction. iI returned to
you after each transaction.

• Deal only with authorized
agents when you exchange
money, buy airline tickets or
purchase souvenirs. Do not
change money on the black
market.

• After reporting missing items
to the police, report the loss
or theft of:

• If your possessions are lost
or stolen, report the loss
immediately to the local
police. Keep a copy of the
police report for insurance
claims and as an explanation
of what happened.

»» Credit cards to the issuing
company

Girls Trip?

• Make smart choices and
use common sense. Don’t
be paranoid, but be aware
that bad things do happen,
and protect yourself.

• Trust your instincts. If you
feel something is off, wrong,
strange— leave; do whatever
is appropriate. Do it quickly.
• Body language: keep your
head up, swing your arms
and act confident. Adopt
a no-nonsense
attitude. Walk
with purpose
and you’ll be
less of a
target for
hustlers

»» Travelers’ checks to the
nearest agent of the issuing
company

»» Airline tickets to the airline
or travel agent
»» Passport to the nearest U.S.
embassy or consulate

Tips for female travelers

who prey on disoriented or
timid tourists.

• Most of the people who
offer you food or drink are
just being kind. However,
the rare exception exists
­— drugging occasionally
happens. Try not to leave
your drink unattended in
bars, and exercise good
judgment when accepting
food or drink from people.
• If you are being followed
and feel threatened, duck
into a shop and firmly tell the
clerk: “Someone is following
me. I am frightened and
need help.”

• Consider wearing a
wedding ring, if you don’t
already.
• Take cues from local
women on what is—and is
not—appropriate. Blend in.
Dress appropriately.
• Know when the sun rises
and sets. A bustling market
can quickly empty out and
be transformed into dark
deserted streets. Plan to be
back to your lodging or in a
safe, busy neighborhood by
dark.
• If in doubt, take a selfdefense course.
Source: womentraveltips.com

@THESAFETYREPORT / THESAFETYREPORT.COM / 35

Looking for a
Great Family-Friendly
Vacation Spot?
Trip Advisor offers some wonderful options
for traveling with family of all sizes and ages.

New York’s many zoos, museums
and landmarks make the city a
perfect destination for families of
all ages. Explore Times Square or
take the kids to FAO Schwarz, take a
boat ride to the Statue of Liberty or
an elevator to the top of the Empire
State Building, eat lunch at Carnegie
Deli or picnic in Central Park ­— the
choices are endless.

The Bahamas offers families 700
islands of fun, sun and nature. Marvel
at the tropical wildlife, plunder away
at Pirates in the Bahamas, or explore
the Adventure Learning Centre’s
petting farm, planetarium and nature
trail. Of course, there are always
relaxing beaches for family fun.

Friendly, frenetic Dublin is a
perfect destination for the
family. Ride the Viking Splash
Tour, visit Dublin Zoo, feed
ducks in Stephen’s Green,
picnic in Phoenix Park and
visit the Ark, a children’s
cultural center in Temple Bar.
After tiring the kids out, relax
with a well-earned Guinness
in the evening.

The City of Lights shines bright
for kids of all ages. Living up to
every pre-trip fantasy, Paris has a
constellation of starring sights from
the atmospheric Notre Dame to the
elegant Eiffel Tower to thrilling Parc
Asterix, DisneyLand Paris and the
wonders of the Louvre. Prepare to
be dazzled.

»» Carry a map and phrase book with you.
»» Don’t use shortcuts, narrow alleys or poorly
lit streets.
»» Avoid public demonstrations and other civil
disturbances.
»» Keep a low profile and avoid loud
conversations or arguments.
»» Do not discuss travel plans or other
personal matters with strangers.
»» Avoid scam artists by being wary of
strangers who approach you and offer to
be your guide or sell you something at
bargain prices.
»» Beware of pickpockets. They often have an
accomplice who will:
• Jostle you.
• Ask you for directions or the time.
• Point to something spilled on your clothing.
• Distract you by creating a disturbance.

»» Beware of groups of vagrant children who
could create a distraction to pick your
pocket.
»» Wear the shoulder strap of your bag across
your chest and walk with the bag away
from the curb to avoid drive-by pursesnatchers.
»» Try to seem purposeful when you move
about. Even if you are lost, act as if you
know where you are going. Try to ask for
directions only from individuals in authority.
»» Know how to use a pay telephone and
have the proper change or token on hand.
»» Learn a few phrases in the local language
or have them handy in written form so
that you can signal your need for police or
medical help.
With sights guaranteed to impress even
the most jaded teen, the Italian capital
makes for a captivating getaway. From
the ghoulish bone-decorated Santa
Maria della Concezione to the delicious
slew of ice cream stops around the
city, Rome is sure to have something
unforgettable for everyone.

»» Make a note of emergency telephone
numbers you may need: police, fire, your
hotel and the nearest U.S. embassy or
consulate.
»» If you are confronted, don’t fight back—
give up your valuables.
Source: U.S. Office of the Inspector General

@THESAFETYREPORT / THESAFETYREPORT.COM / 37

5-Minute
Safety Talk On
Amusement Parks
by Shelley McKown Beasley
In today’s world, safety is a two-way
street. Since the September 11th
attacks, people are more aware of
their daily environments and want to
engage and be heard when it pertains
to their own personal safety and the
safety of their family.
Amusement parks are one of many
popular summer destinations for
individuals and families to relax and
enjoy themselves. The difference
between most vacation destinations
and amusement parks is their capacity
to safely manage millions of guests and
rides on a daily and hourly basis.
According to the International
Association of Amusement Parks
and Attractions (IAAPA), in 2009,
approximately 280 million guests
visited U.S. amusement facilities and
safely enjoyed 1.7 billion rides.
This industry has become a
cornerstone of our world’s economy
by providing jobs for approximately
500,000 year-round and seasonal

9 TIPS FOR
AMUSEMENT PARK
SAFETY

38 / THE SAFETY REPORT / SUMMER 2012

employees in the United States
alone, and generating billions of
dollars in revenue worldwide. There
are more than 400 amusement parks
and traditional attractions in the
United States and approximately
300 amusement parks in Europe.
Internationally, the amusement park
industry continues to grow at a rapid
pace.
Many people are not aware of the
strict safety discipline the amusement
park industry follows to ensure a
safe environment for employees and
guests.
You might also wonder how an
industry would be regulated when
it’s based on innovation and always
providing new, constantly changing
experiences. Aside from creating and
following their own strict safety policies
and procedures, many amusement
parks are heavily involved with ASTM
International, a globally recognized
leader in the development and delivery

of international voluntary consensus
standards.
In fact, the ASTM Committee F24
on Amusement Rides and Devices was
formed in 1978. The Committee, with
current membership of approximately
500 members, currently has jurisdiction
over several standards and continues
to play a critically important role in all
aspects important to amusement rides
and devices—especially safety.
For more info, visit www.astm.org/
COMMIT/COMMITTEE/F24.htm.

Hitting an amusement park this season? Check out these helpful hints from the
IAAPA on how you can enjoy your amusement park vacation safely.

1

Obey listed age, height, weight
and health restrictions.

2

Observe all posted ride safety
rules.

6

Always use safety equipment
provided and never attempt
to wriggle free of or loosen
restraints or other safety devices.

7

Parents with young children
should make sure that their
children can understand safe and
appropriate ride behavior.

3

Keep hands, arms, legs and feet
inside the ride at all times.

4

Remain seated in the ride until
it comes to a complete stop and
you are instructed to exit.

8

Never force anyone, especially
children, to ride attractions they
don’t want to ride.

5

Follow all verbal instructions
given by ride operators or
provided by recorded
announcements.

9

If you see any unsafe behavior
or condition on a ride, report it
to a supervisor or manager
immediately.

A

KNOW YOUR RIGHTS
Understand the rules before leaving the U.S.
by Gabrielle D’Alemberte

As evidenced by the Costa Concordia
disaster, tragic accidents can happen
anywhere—even when traveling out of
the country. A child could drown in a
hotel pool, a fall from a parasail could
lead to paralysis or a shore excursion
accident or careless human error could
cause serious injuries to cruise ship
passengers.
Unfortunately, U.S. travelers fail to
understand the risks involved with
vacation travel and focus only on the
enjoyable aspects. That puts them at
a disadvantage if a death or serious
injury were to occur.
That’s because resort operators,
hotel companies and cruise lines do
everything possible to reduce potential
liability. In practice, that means
including “standard” legal disclaimers
in fine print at the bottom of a travel
agreement where only a few people
will take the time to read them.
One of the key disclaimers in a
travel contract involves the “choice of
forum.” This allows the hotel, resort or
cruise line to choose the country where
any potential personal injury, product
liability or wrongful death lawsuit
will be filed. That means if a serious
accident occurs in The Bahamas,
Jamaica or off the coast of Italy, the
law of that country will apply to the
case.
Why do travel providers
include such a provision and
why would it matter to a
U.S. citizen or resident?
The answer is

simple: It is far more difficult to win
such a lawsuit in an overseas court
than in the United States—a fact that
Costa Concordia survivors will soon
find out.
The laws regarding these types of
cases can be substantially different
from country to country, and engaging
a foreign attorney may be necessary—
adding substantially to the cost, time
and complexity of filing a lawsuit for
damages.
Depending on the individual
circumstances, an injured party may
be able to file a lawsuit in the United
States, significantly improving the odds
of a favorable jury verdict or financial
settlement. After all, many leading
travel providers are U.S. companies
or have substantial U.S. operations or
assets.
However, it is far better for travelers
to understand the potential risks
involved in signing legal disclaimers
and protect their rights before leaving
the country.

Clearly, the first step is to read
and understand everything in the
documentation provided by the
travel agency, resort, cruise line or
other provider. Because of recent
court decisions, these disclaimers are
typically emailed well in advance of the
actual travel date. If the travel agent
does not send this information, the
agency itself could face a liability issue
if a problem occurs.
Upon arrival at the hotel, resort or
cruise ship, a traveler should read the
check-in documents closely. If there is
a choice of forum clause, simply draw a
line through that clause and initial the
document. It is highly unlikely that the
hotel will turn anyone away at the last
minute.
That simple step makes it very tough
for the travel operator to argue that
you have agreed to initiate any legal
action in a foreign country. It allows
you to protect your rights and gives
you a wider range of legal options if
a tragedy happens while out of the
country.
You can never know too much. By
educating yourself on a few matters
before heading out internationally, you
will be protecting yourself should an
incident ever occur.

@THESAFETYREPORT / THESAFETYREPORT.COM / 39

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Is your teen in a

Good
Relationship?

home&family

Know the signs of teen dating abuse
by Stephanie Andre

Most girls dream about their “Prince
Charming”—a partner who will
sweep her off her feet, send flowers,
talk sweet nothings to her and so on.
Or so the cliche goes.
Unfortunately, life is not a fairytale
and some females—especially selfesteem-lacking teen girls—can be
targets for abuse.
Dating violence can vary—from
teasing and name calling to far
worse. These behaviors are often
thought to be a “normal” part of a
relationship, according to the Centers
for Disease Control and Prevention
(CDC). But these behaviors can set
the stage for more serious violence
like physical assault and rape.

@THESAFETYREPORT / THESAFETYREPORT.COM / 41

So What Is Dating Abuse?

The Road to Violence

According to the CDC, teen dating
violence is defined as the physical,
sexual or psychological/emotional
violence within a dating relationship,
as well as stalking. It can occur in
person or online and may occur
between a current or former dating
partner. Here are a few names for it:

As teens develop emotionally,
they are heavily influenced by their
relationships. Healthy relationship
behaviors can have a positive effect
on a teen’s emotional development.
Unhealthy, abusive or violent
relationships can cause short-term
and long-term negative effects or
consequences to the developing teen.
Victims of teen dating violence are
more likely to do poorly in school,
and report binge drinking, suicide
attempts and physical fighting.
Victims may also carry the patterns of
violence into future relationships.

»» Relationship Abuse
»» Intimate Partner Violence
»» Relationship Violence
»» Dating Abuse
»» Domestic Abuse
»» Domestic Violence
Adolescents and adults are often
unaware how regularly dating violence
occurs. In a nationwide survey, the
CDC reports that 9.8 percent of high
school students report being hit,
slapped or physically hurt on purpose
by their boyfriend or girlfriend in the
12 months prior to the survey.
About 1 in 5 women and nearly 1
in 7 men who ever experienced rape,
physical violence, and/or stalking by
an intimate partner, first experienced
some form of partner violence
between 11 and 17 years of age (CDC,
2010 National Intimate Partner and
Sexual Violence Survey).

Did You
Know?

Stopping the Cycle
Strategies that promote healthy
relationships are vital. During the
preteen and teen years, young people
are learning skills they need to form
positive relationships with others. This
is an ideal time to promote healthy
relationships and prevent patterns
of dating violence that can last into
adulthood.
Most of all, talk with your kids. Tell
them why they deserve better and
should not stay in such relationships.
Open communication is key to any
healthy relationship—including the
one you have with your teen.

Are You Being Abused?
Warning signs to think about
»» Calls you names, insults you or
puts you down
»» Prevents you from going to
work or school
»» Stops you from seeing family
members or friends
»» Tries to control how you spend
money, where you go or what
you wear
»» Acts jealous or possessive or
constantly accuses you of being
unfaithful
»» Gets angry when drinking
alcohol or using drugs
»» Threatens you with violence or
a weapon
»» Hits, kicks, shoves, slaps, chokes
or otherwise hurts you
»» Assaults you while you’re
sleeping or not paying attention
to make up for a difference in
strength
»» Forces you to have sex or
engage in sexual acts against
your will
»» Blames you for his or her violent
behavior or tells you that you
deserve it
Source: Mayo Clinic

Talk with your teen—female or male—about dating abuse. There’s no reason
your child should ever be in this situation, yet the numbers say otherwise.

23%

1

1 in 4 teen girls say they have been concerned about being physically
hurt by their partner.

2

1 in 4 teens who have been in a serious relationship say that a
boyfriend or girlfriend has tried to prevent them from spending time
with friends or family; the same number have been pressured to only
spend time with their partner.

3

Nearly 1 in 4 girls who have been in a relationship reported going
further sexually than they wanted as a result of pressure.

4

Dating abuse comes in a lot of different forms, and doesn’t always leave visible marks. You
may not have a black eye, but that doesn’t mean your partner hasn’t been abusive to you.

5

Dating abuse isn’t always isolated to one type of abusive. If your partner is physically abusive,
it’s likely that they’re also mentally and emotionally abusive.

42 / THE SAFETY REPORT / SUMMER 2012

Source: StayTeen.org

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or call us at (202) 797-8600.

‘THEY SAID I’M A

WHAT?!’
Discover your online reputation—
and how to take control of it
by Linda Chalat

M

ost folks like to think
that they have a good
reputation within their
social circle and local community. But
we also have online reputations, and
you should manage it as diligently
as the image you have when seeing
people face to face.
The first step is to learn what is out
there, so you know what others see
when searching for you. Google offers
three options for staying on top of
your online reputation.

1 The first is to simply perform a

Google search for your name. This
is the most direct method for others
to find you and is probably the most
frequent search.

Next, set up Google Alerts for
2

specific keywords. Google Alerts are
an option on your Google dashboard
for your Google account. The alert is
given as an email delivered to your
account email address. Your name is
the first term for which you should set
a Google Alert. This tool is not only
useful for monitoring your reputation,
consider setting up alerts for your
hobbies or areas of interest.

And finally, Google has
3

introduced a tool that helps you
manage search results for your
name. The tool, on the Web,” is also
included on the Google dashboard
in between account information and
analytics.
“Your online identity is determined

44 / THE SAFETY REPORT / SUMMER 2012

not only by what you post, but also by
what others post about you—whether
a mention in a blog post, a photo tag
or a reply to a public status update,”
Google explains. The option also
provides links to useful information on
managing your online identity.
WHAT IF WHAT YOU FIND
IS NEGATIVE?
Once you’ve started monitoring
your online reputation, what do you
do when negative content appears?
There are two approaches.
If the content is clearly an
inappropriate attack or presents
lies and is posted on a responsible
website, you may be able to persuade
the managers of the website to
remove the content.
But a more likely occurrence is
that you are unable to secure the
removal of the content. So, you must
make a proactive effort to “bury” it
by creating positive content that the
search engines will identify as more
relevant and more recent.
An easy, free way to do this is
through popular social media sites.
Twitter is a great place to start. Post
several “tweets” that present you in a
positive light.
To monitor a keyword or name,
conduct a Twitter Search within the
application at search.twitter.com.
Click on the RSS feed for that search
query and add it to your RSS reader.
Every mention will be sent directly to
you. If you’re interested in watching
references to your Twitter user name,

click the @ tab on the website, or the
@ reply function will show every tweet
that responds to you or mentions you.
Using any of the online videosharing sites, such as YouTube,
choose one and start creating video
clips using a simple webcam. As with
blog comments, create videos related
to your profession or another subject
about which you are passionate and
that will put you in a positive light.
UPDATE YOUR
LINKEDIN PROFILE.
Refresh content on your Facebook
page. But, put some thought into
what you want for your online
reputation and build towards that.
Make sure you are updating your
social networks on news and events
for which you wish to be known.
Part of managing your online
identity is understanding that your
professional profiles (such as LinkedIn)
can very well get mixed up with
personal profiles (such as Facebook).
And you can also take more
conventional approaches, such
as writing a letter to the editor or
volunteering for a community event
that will be covered by media.
Participate in amateur athletic events,
such as community 5K runs or walks.
Knowing what is generated by
online searches is only half the battle.
The other half is generating the type
of content that accurately represents
you and your reputation. With a
little effort, you can shine in your
community and online.

WITH
THE
CLICK
OF A
MOUSE
What you may
not know about
cyberstalking and
bullying
by Kyle McNew

T

en years ago, did
you ever think you’d
be using nonsensical
groups of letters—”lol,”
“rofl,” “brb” and “idk”—in common
conversation? After all, words such as
“Google” and “friend” are now verbs.
Then again, a decade ago, you
also wouldn’t have believed it would
be even harder to protect your kids
from stalkers and bullies...but it is.
This is the world of cyberstalking and
cyberbullying.
In most people’s minds, the term
“cyberstalking” instantly conjures
up images of adults “stalking” teens
and children in chat rooms, etc.
However, what most don’t realize is
there has been a new, rising trend:
teen-on-teen, or even child-on-child,
bullying, intimidation, harassment and
embarrassment—all from the comfort
of your home.
More specifically, Webster’s offers
this definition: “Sending multiple
e-mails, often on a systematic basis,
to annoy, embarrass, intimidate,
or threaten a person or to make
the person fearful that she or a
member of her family or household
will be harmed. Also called e-mail
harassment.” Naturally, this definition
has evolved to include social media,
blogs and websites as well.

As adults, we’re not programmed
to think of youngsters as stalkers.
Stalking used to require a degree of
mobility and independence that most
teens and children do not have. But
now, children can cyberstalk/bully
with a few clicks of a mouse.
In fact, Wired Safety, a cybercrime
victim’s organization, reports a 50
percent increase over the last two
years in child perpetrators, typically
directed at other children. Methods
vary, from e-mails to targeted
websites to social media posts or
profiles.

An Ounce of Prevention is
Worth a Pound of Cure
Child-on-child cyberstalking occurs, by
and large, beyond the view of school
personnel. (Though don’t write off
school as a source of clues. If teachers
see something going on, odds are that
it is continuing on the web.)
Therefore, parents must be the first
line of defense. As parents, our instinct
is to focus on protecting our kids.
But, as the saying goes, “an ounce of
prevention is worth a pound of cure.”
Parents need to be proactive:
educate your kids. This should, in turn,
prevent them from engaging in this
conduct.
Self reflection is key: accept that your

kid may be a bully. Your little angel
could be a bit less innocent when
you’re not watching; even the meekest
child may take on a totally different
persona in cyberspace.
Talk with your children about their
online activities. Impress upon them
that not only is online bullying or
harassment wrong and hurtful, but it is
a crime in most states.
Use monitoring software, and
periodically check their email accounts,
browser history and social media
profiles. Run your child’s name through
a search engine to see what pops up.
Finally, set a good example. If
your children see you demeaning or
provoking your spouse, partner or
peers, they will do the same.

But Don’t Forget the Cure
When it comes to protecting your kids,
all of the tactics discussed above are
helpful.
But the most important tool—before
the sleuthing—is open communication
and setting a good example.
If your children feel they can trust
you and that you won’t overreact or
embarrass them, they are much more
likely to open up about their problems.
And if they see that you do not allow
the provocation of others to affect you,
they will follow your lead.
@THESAFETYREPORT / THESAFETYREPORT.COM / 45

SLEEPAWAY
Sending your child to

CAMP

by Mike Bryant

The end of school has a lot of parents looking
at summer activities for their children. Maybe
they’re headed to a sports camp? An arts
camp? Maybe even sleepaway camp.
If your child is old enough to attend
sleepaway camp, it could be one of the
greatest times they’ll have. But as a parent,
it’s your job to make sure the one you choose
is the right fit. You won’t be there to make
sure he brushes his teeth or washes his hands,
so go over these tips in advance, just in case.
46 / THE SAFETY REPORT / SUMMER 2012

Throughout the day, wash hands
with antimicrobial antiseptic soap or
with alcohol sanitizers if a sink is not
available.

Wash and dry clothes and towels on
the hottest setting possible. Make sure
all fabrics are completely dry before
removing from the dryer.

Immediately before sports, wash
hands and forearms to above the
elbow using an antimicrobial wash
or wipes. This protects the skin from
bacteria for up to six hours during skinto-skin contact sports.

Do not share any personal hygiene
items, towels or clothing with others.

Clean sports equipment after use
and ensure it dries completely after
cleaning. Use a broad-spectrum
antimicrobial on equipment that
cannot be washed and on all hard,
nonporous surfaces in cabins and
cafeteria, on sports equipment and
any other surface frequently touched
by a host of children. Many germs and
disease-causing infections can live on a
hard surface for days, weeks and even
months.

Know the signs and symptoms
of common skin-to-skin contact
illnesses, including impetigo, ringworm
and MRSA.
Tell a coach or camp counselor
about a rash, bite or painful sore
immediately.
Other things to keep in mind:
»» Does your child have special food
needs?
»» Will there be issues with
homesickness?

Preparation for
sleepaway camp is a
great time to tackle
some tough topics
with your child. Discuss
these situations before
your child leaves.

Get to know the staff
and camp details.
It is important that you know
who is watching your child.
It is important that you know
the age of those who will be
around and that you know
if there are any situations in
which your child will be alone.

»» Does your child know the
importance of sunscreen?

Let your child know he/
she can speak up.

Shower in hot water—as soon as
possible after sports activity—with an
antimicrobial cleaner.

»» Is there medical help available?

Keep wounds covered with clean, dry
bandages. Have them checked by a
doctor if they are red or won’t heal or
if flu like symptoms develop (fever).

Summer camps can do a lot to
turn our young children into adults.
There are times when they can try out
early independence and find friends
they will have for life. As long as
safety is considered, it can be a great
opportunity.

If there’s a problem, your
child should understand that
he/she can and should say
something to staff. They can
cry or scream. They can ask
for help.

Put dirty clothes and towels in a
separate bag, not in backpacks or
sports bags with clean clothing.

»» How often will he be able to talk to
you?

Be direct with your
child. Let him know that
he will not be touched or
harmed in any way. You
should not be embarrassed
to make these statements in
front of others, so that they
know that your child knows
they have this protection.

Believe them.
If you hear of a problem, start
by believing her. Make sure
she feels safe to confide in
you. There are far too many
of these situations in which
children feel alone and unable
to tell anyone.

@THESAFETYREPORT / THESAFETYREPORT.COM / 47

Bullying STOPs HERE

NO MATTEr!

NO MATTER™ who you are, what you look like, your sexual preferences,
your beliefs, we are ALL the same, we are ALL people, NO MATTER!
That means no one should ever be bullied in any way -- NO MATTER!
Everyone should be treated with kindness and respect … NO MATTER!
Every kid and teen has a choice in how they treat others… NO MATTER!

sbestos was used in the
construction industry
for decades, due to its
resistance to fire and utility as an
insulator. As a result, the material can
be found in a number of materials
â&#x20AC;&#x201D;such as floor tiles and adhesivesâ&#x20AC;&#x201D;
located throughout older home.
When it comes to handling asbestos
in your home, taking an abundance of
caution is always the best strategy. If
the asbestos is in good shape and has
not been disturbed, you should simply
leave it as is.
Still, you should be sure to regularly
check the suspected asbestos materials
by looking for signs of damage, but
do not touch it. Limiting access to
the area, discarding older appliances
that may contain the substance and
checking with health officials can all be
helpful steps to take.

However, in many cases, the
carcinogenic material can become
disturbed and loosened in the home,
which can present a potentially
dangerous situation. Inhaling the
loose fibers has been proven to cause
lung cancer, asbestosis and malignant
mesothelioma, a rare form of cancer.
If asbestos materials are disturbed,
there are typically two types of
corrections that can be made: repair
and removal.

Repairing or Removing
Damaged Asbestos
When the carcinogenic mineral fibers
become damaged, repair typically
means covering or sealing the material.
Sealing or encapsulating the asbestos
involves treating it with a sealant to
bind together the fibers or coat them
to ensure they are not released.

One simple repair that can safely
seal small areas is by spraying sealants
such as paint. Implementing this
strategy on areas such as scratched
Wallboard seams can enable
individuals to temporarily keep the
fibers in the original material.
Covering or enclosing the damaged
asbestos means placing something
around or over the material, such as a
jacket or wrap. This can help make sure
the dangerous mineral fibers are not
released into the air.
In instances of repair, the asbestos
is kept in place. Removal, which is
generally more expensive, often
becomes necessary, particularly
when renovation or demolition work
is scheduled to occur. This should
be done by a properly trained and
licensed contractor.

Other Things to Consider
When Dealing with Asbestos
Whether or not the asbestos has been
damaged, homeowners should make
sure to limit their activities in areas
where the carcinogen can be found.
You should avoid dusting, sweeping,
vacuuming, sawing, scraping or
sanding debris that may contain
asbestos.
Above all, do not track potential
asbestos-containing materials
throughout the house, making sure
the afflicted area is cleaned with a wet
mop if you simply cannot avoid walking
through it.
With asbestos having been used
in ceiling and floor tiles, paints,
coatings, plastics and adhesives until
the 1970s, many homeowners may
not be aware that they are living with
the carcinogenic substance. Hiring
contractors to conduct air quality
testing and inspect the home can be
essential in ensuring the health and
safety of your family.
@THESAFETYREPORT / THESAFETYREPORT.COM / 49

Heed these tips to ensure no unexpected visits to the ER
by Stephanie Andre

Summertime brings out the landscaper, the car washer and DIYer in all of us. From cool
crafts and repainting to carving and building, know how to prepare before you begin.
Here are some additional tips to consider as you ready your latest DIY project.
Keep a tidy work area to avoid
creating your own hazards. Don’t
allow power cords to tangle. Pick up
and properly store power tools, sharp
tools, or dangerous materials that
might cause injury. Pull all nails from
old lumber.
A clean, well-lit workspace is a safe
workspace. Store power tools, sharp
tools or dangerous materials on high
shelves or in a locked storage cabinet
out of a child’s reach.
Dress for the situation. In other
words, if you’re building a shelving
unit, don’t wear flip flops. Sturdy
clothing, work boots and gloves will
protect you. And wear safety glasses
whenever you use power tools,
hammers, etc.
When using power tools, be sure to
follow all precautions stated in the
manual. Always unplug the tool before
servicing or adjusting it and when
you’re finished with the task at hand.
Be sure the tool works properly and is
equipped with proper safety guards.
50 / THE SAFETY REPORT / SUMMER 2012

When using a ladder, position it on
a flat, firm surface. As you climb or
reach, keep your weight centered. Do
not lean out to one side; keep your
hips between the rails; never stand on
the top two rungs.
Do your own electrical work only if
you have the necessary knowledge.
Be sure to shut off the power before
working on a circuit. Use a circuit
tester to make sure a circuit is not
active after you have shut off the
power.
Be aware of your surroundings.
Make sure you know where others are
at all times to prevent accidents or
injuries. Keep kids and pets away from
tools and projects.
Use the proper extension cord.
If you’re tackling outdoor home
improvement projects, make sure
extension cords are rated for outdoor
use.
Equip your garage or workshop and
your home with fire extinguishers.

Every home should have two working
A-B-C fire extinguishers. Be sure
they’re large enough to handle home
fires; they need to be rated a minimum
size of “2A10BC” on the label.
Protect yourself against exposure to
hazardous chemicals and materials.
Many varnishes, strippers, solvents,
preservatives, adhesives, and other
products used to accomplish projects
contain hazardous ingredients.
Dust and fibers can be hazardous
to breathe. When sanding wood or
wallboard joint compound, wear a dust
mask. Never sand, scrape, or dislodge
surfaces that you suspect to contain
asbestos; doing so can put highly
hazardous fibers into the air.
Take your time. Rushing can lead to
accidents, injuries, and more often
than not produces an inferior finished
product.
Have a good first-aid kit on hand.
You can purchase one at any reputable
store or even from the Red Cross.

SPLISHINâ&#x20AC;&#x2122; AND
A SPLASHINâ&#x20AC;&#x2122;
5

A

TIPS FOR A PERFECT POOL DAY
by Jim Cole

backyard swimming pool can
be a great way to have fun,
exercise or just cool off on
a hot summer day. While a pool can
be great fun for the entire family, it
is important for pool owners to be
responsible.
Children between the ages of 1-4
are the most at risk. In fact, drowning
is the leading cause of injury death for
children in this age group. According
to the CDC, in the 10 years between
1999 and 2008, more than 8,000
children under the age of 15 died from
accidental drowning.
For every child who drowns in
a pool, 10 were treated in the
emergency room for submersionrelated injuries. These injuries can have
life-changing consequences, including
brain damage, which can lead to

disabilities, such as memory loss,
learning disabilities and decreased
motor skills.
The most tragic thing about these
statistics is that they are, for the most
part, avoidable. Here are some simple
steps parents and pool owners can
take to reduce or eliminate the risk of
child drowning injuries and deaths.

1 Fencing
A simple four-sided fence that
separates the pool from the rest of the
backyard would prevent more than half
of all swimming pool drownings among
young children. The CDC recommends
a fence that is at least four feet high.
Fences should also have a self closing
and latching gate that opens outward
and a latch that is out of the reach of
children.

This same precaution applies to
above-ground pools. Because these
pools have flexible sides, they are
prone to collapse. When this happens,
a child can fall into the pool.
While fences are the most important
way to prevent access to a pool, there
are several secondary devices available
on the market. These devices include
covers, nets and pool alarms that can
help keep children out of the pool or
warn a nearby adult. These devices are
not a substitute for a proper fence.

2 Swimming Lessons
Teach your child to swim at an early
age. Formal swimming lessons with a
trained instructor are important for all
children, especially children that spend
time in and around the water.
The American Academy of Pediatrics

@THESAFETYREPORT / THESAFETYREPORT.COM / 51

(AAP) supports swimming lessons as
early as 1 year old. Swimming lessons
can reduce the risk of drowning in
children between the ages of 1-4 by
as much as 88 percent. Parents should
consider the child’s exposure to water,
maturity, and physical ability when
considering swimming lessons.

inexperienced swimmers.
Don’t be distracted by books,
phones, texting, games or anything
else. Be vigilant even if there is a
lifeguard on duty. It is common for
another swimmer or bystander to be
the first to notice someone is in trouble
or drowned.

3 Life Jackets

5 CPR

Life jackets are the best way to keep
a child’s head above water. Inflatable
and foam-filled toys can be fun and
instructional, but they are not safety
devices. Rafts, tubes, floaties, noodles,
etc., are not replacements for life
jackets.

Know CPR. If CPR is started
immediately it can reduce the risk of
death or the severity of injury. By the
time emergency personnel arrive it
may be too late.
So break out the sunscreen splishsplash, cool off, get in shape and have
fun this summer, but be sure to protect
your family and those around you.

4 Supervision
Never let a child in or near a pool
alone. Don’t let a child supervise
other children even if the child is a
good swimmer. Always be within
arm’s length of young children or

Police chases kill at least

Allison

Desiree

Johnny

3

Brandon

innocent bystanders every week.

Tabatha

Kristin
Kristie

Isaac
Chris

How many deaths before it’s not okay?
Police chases for non-violent crimes often spin out of control,
killing and injuring innocent bystanders.

PursuitSAFETY is a national nonprofit organization working to raise awareness about a real crisis that
will continue to affect thousands of law-abiding people if we don’t come together and do something about it.
Please visit pursuitsafety.org so you can find out more about what PursuitSAFETY is doing to:

• Serve injured victims and bereaved families
• Unite people together to solve this global crisis, and
• Save Lives by promoting pursuit policies and legislation that strike an appropriate
balance between (a) apprehending fleeing drivers or answering first-responder
calls and (b) ensuring public safety.
Your tax-deductible gift will help us save lives.

If a car experiences a
mechanical problem on the
highway, as passengers we
know the driver will simply
pull over to the side of the
road. If the driver doesnâ&#x20AC;&#x2122;t
pull over, we can exert some
control and request the
driver to pull over.
But most passengers
in an airplane have no
understanding whatsoever
as to how the pilot may deal
with anything that may go
wrong, and the passengers
certainly are not in a position
to exert any control. Perhaps
it is this lack of understanding
of how the airlines manage
the risks of flying, and the
inability as a passenger to
control such risks in even the slightest
way, that causes a fear of flying.
Everyday life is full of risks,
whether it is walking across the
street or driving to work. How we
manage those risks determines our
â&#x20AC;&#x153;survivability.â&#x20AC;? If we cross the street
only at a crosswalk and only when the
sign tells us to cross, and if we drive
at the speed limit and come to a
complete stop at every stop sign, the
risk is low and survivability is high.
If we cross in the middle of the street
in heavy traffic, and if we drive 10
mph above the speed limit and coast
through stop signs, the risk is higher
and survivability is lower, but we have
made a conscious decision that the
level of risk is acceptable.

MATTER
Take control over
your fear of flying
by Jerry Trachtman
Although it has been more than
100 years since the Wright brothers
opened the door to heavier-thanair powered flight, some people
still board the most technologically
advanced airliners with a fear that they
may never return.
Other than deep-seated phobias
best addressed by psychiatrists and
psychologists, why would a person be
afraid to fly?
Most of us, pilots included, are
deathly afraid to stand on the edge
of a precipice and look down, but are
not afraid to fly in an airplane. Anyone
who fears flying will acknowledge
the safety record of flying compared
to driving, so what makes flying
something to fear?

We have controlled the risk we are willing to accept.
Travel by air involves similar concepts of risk management,
with one difference—the passengers have no control over
the management of the risk.
The airlines must manage what are arguably the most

severe travel risks. If the airlines screw up, the consequences
can be disastrous and deadly. Airline passengers must trust
complete strangers to manage the risks of flight for them.
And that can be scary if there is no understanding of all the
measures taken by the airlines and air crews to minimize risk.

Let’s take a look at the most significant types of risks the airlines manage, and how they do it.
With this understanding, no one should fear flying.

1. PILOT ERROR

2. Air Traffic Control (ATC)

Every pilot must meet strict knowledge and
skill requirements before the Federal Aviation
Administration (FAA) will issue a pilot’s license.
Additionally, before a pilot is considered qualified by
the FAA to fly a large aircraft operated by the airlines,
the pilot must acquire a “type rating” from the FAA in
that aircraft, which requires a further demonstration of
experience, knowledge and skill.
In addition to the FAA requirements, which are
minimum requirements for the pilot to act as “pilot in
command” of the aircraft, each airline has significant
experience requirements for a pilot to be hired.

Our air traffic control system is managed by the FAA.
Air traffic controllers have the responsibility to separate
air traffic—make sure two aircraft do not collide with
each other—and they work in an intense environment.
While the airlines have no direct control over the ATC
system, they have input into the management of the
ATC risk because the pilot in command of the aircraft,
and not the air traffic controller, is the final authority as
to the safe operation of the flight. There has not been a
mid-air collision involving an airliner and causing death
or injury since 1986. The risk is managed, and the risk is
extremely low.

3. Mechanical failure

4. Weather

Every aircraft, including the largest airliners, undergoes
FAA-mandated periodic, extensive maintenance
inspections. The inspections are based on both flight
time and calendar time.
In addition, aircraft components have life limits, which
means they are periodically replaced with new parts
even if not defective. Mechanical failure is a risk that the
FAA and the airlines manage so completely that the risk
to passengers is practically nil.

The technology available to monitor and forecast
weather all over the world is so advanced, that weather
related accidents are rare today. Severe weather can be
avoided by advance planning, and by circumnavigation
of weather in flight.
Some weather events simply cannot be forecast, but
these are usually not catastrophic events. The risk is
managed, and the risk of a weather related catastrophe
is very low.

1
3

54 / THE SAFETY REPORT / SUMMER 2012

4
2

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THE

TEMPS ARE

RISING
5

Tips for ensuring there are no bumps
in the road this summer

1

2

3

by Henry “Hank” Didier

The summer sun sends temperatures
soaring into the 90s—or even higher—
in many parts of the U.S., which can
make your car a danger zone for many
reasons.
Whether your summer consists of
family road tripping or lazy days, here
are some tips to be mindful of to
ensure there are no bumps in the road
this season.

1 Check your tire inflation.
The asphalt of the roadway can reach
temperatures in excess of 120 degrees.
And, hot asphalt means hot tires, which
speeds deterioration and increases
the risk of tire failure. Tire failures
can be caused by a variety of factors,
including under or overinflation, poor
maintenance, tire aging, or a design or
manufacturing defect.
The key is to maintain tire pressure,
which can be tricky in the summertime
as heat causes the air inside the tire to
expand and overinflate.
In an overinflated tire, the center
section of the tread balloons outward,
focusing weight on the center of
the tire. Conversely, driving on
underinflated tires causes the sidewall
to bulge and wear unevenly, reducing
tire life and potentially leading to a
sudden tire failure.

2 Replace old tires.
Age matters when it comes to tires.
Regardless of how it appears, an older
56 / THE SAFETY REPORT / SUMMER 2012

tire may simply be too old to withstand
the heat and pressure of the road, even
if the tire has perfectly good tread
depth left. It is now recommended
that tires be replaced after six years,
regardless of tread depth.
Aged tires are often unsuspectingly
mounted on a vehicle after having
served as a spare, being stored in
garages or warehouses, or simply
having been used on a vehicle that is
infrequently driven.
In many instances, these tires show
no visible sign of deterioration, and
absent any visible indicators such as
dry rot, tires with adequate tread depth
are likely to be put into service without
consideration of age.

3 Maintain coolant and fluid
levels. Be sure to check and maintain
proper fluid levels. The summertime is
tough on cooling systems, and cars can
easily overheat when sitting in traffic or
driving kids to and from camp.
Low coolant levels or a broken fan
belt can quickly cause your engine
temperature to rise. The general rule
is to flush your radiator and add new
coolant at least every two years, but it’s
worth a look each summer.

4 Never leave a child in the car.
According to KidsAndCars.org, 500 kids
have died from 1998 to 2011 after being
left in the car unintentionally. A child’s
body temperature climbs three to five

4

5
times faster than an adult’s, especially
in a hot car.
In less than 30 minutes, the
temperature inside a car can increase
35 degrees, and an infant can die in
as little as 15 minutes even on a mild
75-degree day.
To prevent this, use strategies such
as keeping a stuffed animal in the front
passenger seat as a reminder of a child
in the backseat or placing something in
the backseat that you would need, such
as a purse, briefcase or cellphone.

5 Replace your windshield
wipers. Winter weather can be hard
on your windshield wipers, making
them almost useless if you get caught
in a summer rain shower.
Don’t wait until you’re caught in a
summer downpour to find out your
wipers aren’t working well. You may
want to consider replacing the entire
blade, not just the rubber, to ensure the
best performance.

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SIMPLE STEPS
FOR PREVENTING
REAR-END HIGHWAY
CRASHES
by Jim Suk

A young father and husband rear ends
a front-end loader while driving up a hill
with a clear view on a four-lane divided
highway shortly before mid-morning
and is badly injured.
A college student dies after rear ending
a fuel truck on an open interstate
highway at midday.
When we learn about rear-end
collisions on unobstructed four-lane
highways, the immediate assumptions
are that the following vehicle must
have either been speeding or the
driver was distracted by engaging in
something other than driving: looking
at his navigation equipment, talking on
a cellphone or texting.
However, while following too
closely in stop-and-go city traffic may
be associated with most rear-end
collisions, it is not true under highway
conditions. Statistics show that more
than 70 percent of rear-end highway
collisions take place because the
lead vehicle is either stopped on the
highway or traveling much slower than
normal highway traffic speeds.
Drivers who are closely following a
lead vehicle tend to respond quickly
to sudden braking or slowing, while
drivers approaching a stopped or very
slow moving vehicle from a greater
distance often lack visual cues (such
as brake lights) or context (such as
traffic merging from an access ramp or
recognizable landscape features) to be
able to realize a significant difference
58 / THE SAFETY REPORT / SUMMER 2012

in speeds until it is too late to brake or
pass safely.
Most highway patrolmen will say
that one of their scariest moments on
the road is when they have to make a
U-turn to chase an offender. They know
that approaching traffic is unprepared
for slow-moving traffic in the passing
lane and the drivers of those vehicles
may not be able to appreciate the
difference in speeds of the two
vehicles.
It is out of concern for the safety of
the public and themselves that most
patrolmen turn on their lights and
flashers and floor the throttle when
making a U-turn.
In both cases described above, the
drivers of the following vehicles had
between three to five seconds to:
• See the vehicle ahead.
• Become aware that he was closing
the gap at an unusually fast rate.
• Make the decision to brake or pass
and then.
• Carry out the decision.
At highway speeds, the three to five
seconds each driver had available was
simply not enough time to see the large
vehicle ahead, appreciate that the lead
vehicle was traveling far below normal
speed and, thus, posed a danger not
readily apparent, decide what to do
and then execute the decision.
In the front-end loader collision,
there were no warning flashers or
visual cues, such as billboards or trees,
which would have alerted the following
vehicle that the enormous piece of
machinery was traveling far below
posted speed limits.

The collision with the fully laden fuel
truck was caused by the trucker making
an illegal U-turn on the interstate,
remaining in the passing lane while
slowly driving up a hill, failing to signal
his intent to pull into the right lane
when he noticed the overtaking car
and then pulling back into the left lane
without signaling.
Too late, the student realized he
couldn’t brake in time and was then
blocked from passing, first in the right,
and then the left, lane.
Drivers of slow-moving vehicles need
to know that other vehicles may not
see a significant difference in speeds
in time to brake or change lanes.
Solutions to the problem are almost all
in the hands of the forward driver:
1. No U-turns, legal or otherwise
2. Use all available flashers when
traveling much slower than normal
traffic or if stopped.
3. Put out flares or warning placards if
stopped.
4. Always drive in, or quickly get into,
the right-most lane.
5. Signal any intent to enter onto the
highway or change lanes.
6. Be constantly vigilant for overtaking
traffic, pulling completely off
the road, if at all possible, when
necessary if being overtaken by a
much faster vehicle.
Following these simple, yet
sometimes overlooked tips could mean
the difference between life and death.

Cross Town or Cross Country
Be proactive when it comes to your vehicles this summer
by Kathy Lane
Summer months are filled with warm
weather, sunshine, outdoor activities
and celebrations with friends and
family. Summer is also the busiest
and most vulnerable time of year for
motorists. Many people are traveling
near and far throughout the summer—
whether they’re going a town over to
a friend’s BBQ or driving long distance
for a family roadtrip. Before making
a trip to your next summer activity
and destination, think about potential
hazards and preventative action that
can be taken to ensure your safety on
the road.
Check Up
It is important to check your vehicle
regularly from home by doing
a “walkaround.” Doing a walkaround will provide you, as a driver,
reassurance that critical parts of your
vehicle are in good working condition.
Some key elements of a walkaround
include:
»» Replacing your windshield wipers
blades if they are worn or cracked.
»» Repairing or replacing worn parts
and belts to avoid worry and timeconsuming repairs.
»» Making sure all lights work,
including signal lights.

Point A to Point B
After inspecting your vehicle yourself
or having it checked out by a
professional, you should feel relieved
and confident to make the commute
to your destination; whether it’s across
town, state or country. However, it is
important to keep a few vital things in
mind in effort to be a strategic, safe,
driver this summer.
Keep an eye out for children and
pedestrians. Summer months mean
more people are outside enjoying
the weather. Don’t assume the child
or pedestrian is practicing safety
by looking both directions before
crossing a road or intersection.
Avoid the rays. Try to park in the
shade. Keep passengers out of direct
sunlight or wear sunblock or purchase
pull-down shades for the windows.
Also, wear sunglasses and utilize
your cars visor to keep the sun from
impairing your vision.

Distracted Driving
Before starting your car, keep your
cellphone somewhere out of reach
and put it on silent to ensure that the
“ping” of a text message coming in
won’t tempt you to use your cellphone
while driving.
Whether you’re texting or talking
on your cellphone while driving, you
are visually and cognitively distracting
your brain from the road—this even
applies to hands-free devices.
Cognitively distracted drivers can
miss up to 50 percent of their driving
environment, including stop signs,
pedestrians and red lights and nearly
25 percent of all crashes involve
drivers distracted by cellphones.
Don’t let your summer be ruined by an
insignificant phone call or text.

front seat passengers by 45 percent
and reduce the risk of moderate-tocritical injury by 50 percent.

@THESAFETYREPORT / THESAFETYREPORT.COM / 59

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INJUSTICE

Editor’s note: In each issue, we will share stories from everyday
people whose lives have been impacted by the actions of others.

High-Risk Pregnancy
or High-Risk Doctor?

P

atricia Votre was diagnosed
with an incompetent cervix
after a previous pregnancy
ended in the death of her child.
Wanting another baby, she consulted
with her long-term OB/GYN, the same
OB/GYN who had monitored her first
failed pregnancy and who had her
complete trust.
Together, they also consulted with
high-risk pregnancy experts from Yale
University. Votre was told she could get
pregnant again and successfully carry
the baby to term, if pre-determined
protocol was followed. A verbal
agreement was made that once Votre
became pregnant she would contact
her OB/GYN who would monitor her
pregnancy and consult with the Yale
experts, as necessary.
The high-risk experts prepared a
detailed letter outlining a pregnancy
plan and course of treatment that they
thought would result in a successful

60 / THE SAFETY REPORT / SUMMER 2012

pregnancy and delivery. A copy was
sent to Votre’s OB/GYN, but not to
Votre.
Her OB/GYN decided to lie to his
patient and treat her “his way.” The
Yale experts were brought in too late;
they were never even notified that
Votre was pregnant. Her OB/GYN
excluded them from her care. Miles
was born prematurely, with chronic
health issues and lived only 51 days.
After Miles’ death, Votre learned
there was a written care plan that her
OB/GYN had a copy of it, treated her
contrary to it and knowingly concealed
it from her.
Votre filed a lawsuit alleging breach
of contract (requiring the court to
interpret the letter/written care plan as
a “contract”) and intentional infliction
of emotional distress; she did not file a
medical malpractice case.
This case was not about malpractice.
It was about breach of contract,

fraudulent concealment and intentional
infliction of emotional distress.
The Connecticut court disagreed;
the judge dismissed the case
because recent tort reforms added
the requirement that plaintiffs in
malpractice cases must obtain a
Certificate of Merit from a medical
expert.
Votre appealed, stating that the
court improperly characterized her
lawsuit as ‘medical malpractice.’ She
lost the appeal; the state Supreme
Court declined to hear her case.
Certificates of Merit are difficult to
obtain; there is an unstated conspiracy
of silence among physicians, but that is
not the point of this article.
Why was a certificate necessary
here? The lawsuit was about fraudulent
concealment of the care plan, breach
of contract and resulting emotional
distress that this intentional behavior
caused. This could have occurred in
any circumstance; does the fact that a
“professional” engaged in this conduct
rather than a layperson create the
need for a certificate?
Votre was lied to; she was led
to believe that care was provided
pursuant to the predetermined plan
and that the high-risk experts were
consulted.
All reviewing courts had a copy of
the full contract, proof that her
OB/GYN failed to do what was
promised and failed to include the Yale
team. The existence of this contract
and the OB/GYN’s failure to adhere to
it and, instead, conceal it, established
adequate grounds to proceed as Votre
did. Professional negligence was not at
issue; if an average juror can examine
the facts and make a determination

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of

INJUSTICE

that the doctor lied and concealed,
why is an expert necessary? If I punch
you in the face and break your jaw,
whether I am a doctor or not, you can
sue me for assault and battery; you
certainly wouldn’t need a Certificate
of Merit. Is there any real difference
here?
In this case, a conservative
interpretation of Connecticut law
prevented Votre from seeking justice.
The reviewing judges ignored obvious
truths to conclude that Votre needed
the certificate.
Have the offending doctors in this
case learned their lesson or did the
courts give them a license to repeat
their conduct and set a precedent for
dismissing similar cases in the future?
Subsequently, Votre consulted
with the Yale experts to determine
the likelihood that she could ever
successfully carry a baby to term. After
assurance that she could do so, Votre
became pregnant again. The Yale
protocol was followed; she carried to
term and delivered a healthy 7 lb., 2 oz.
boy.
Miles did not have to die, not this
way.
This law is scheduled to be
represented in the form of another bill
in the 2012 session of the Connecticut
legislature; there continues to be
heavy opposition by Republicans and
the medical community who say the
law has been effective at weeding out
frivolous claims. But, tort reform has
never been about “frivolous claims.”
It is about limiting access to the
courts and reducing awards in serious
claims, like the one pursued by Votre.
When will the health care system stop
tolerating protocol that is dangerous
to patients? When will safety prevail
over profit margins? When do we begin
to protect the victims instead of the
perpetrators? When?
— Mark Bello

Harmed by a
Frivolous Lawsuit
Trena Wells

W

e’ve all heard of
frivolous lawsuits, but
what about a “frivolous
defense?” This is Trena Wells’ story.
When Wells’ brother and sisterin-law’s family dog died, she took it
upon herself to help the family find a
new companion. She was successful;
the family located and adopted a
puppy named “Tank.” Wells didn’t
have children of her own at the time
and treated Tank like a nephew.On
November 24, 2008, Wells visited her
sister-in-law (Amy Cooper) and Tank
at their home. Tank escaped out of

the house and into the front yard.
Thankfully, they got him back inside
safely.
Not long after, Tank escaped into
the front yard again and into the busy
street ahead. Tank was hit by a truck
and injured. Wells and Cooper ran
outside to help. As Wells approached
Tank, she saw him try to walk back
into the busy street. She interlocked
her fingers and placed them around
the front of Tank. He stopped, he
laid down and he died. But before
he died, he bit Wells on both of her
thumbs several times.

@THESAFETYREPORT / THESAFETYREPORT.COM / 61

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As a result of the multiple bites,
Wells suffered a cut to her left thumb
and a severe open wound, a crushed
bone and destroyed thumbnail to her
right thumb. Wells underwent three
surgeries to repair her right thumb—
and is still expected to undergo an
additional procedure.
Today, she does not have full range
of motion, she has sensitivity and she
has a deformed thumbnail. It affects
her life, including the time she spends
with her new baby girl.
Wells didn’t want to file a lawsuit
against her own family. She tried to
settle her case with her brother and
sister-in-law’s homeowner’s insurance
carrier. The insurance company,
Grinnell Mutual Insurance, refused to
pay Wells for her injuries and other
damages. So with more than $20,000
in outstanding medical bills to pay and
a family to think about, she filed suit
to get the money she was entitled to
under the insurance policy.
Throughout the development of the
case, Grinnell Mutual Insurance refused
to pay Wells for her harms and losses.
Perhaps the insurance company hoped
the jury would punish Wells for suing

a family member to get to insurance
coverage.
Once they hired an attorney, it
became clear: the insurance company
and the attorney were going to hide
behind a seemingly ridiculous defense.
They were going to argue that under
the law, Wells not only provoked the
dog to bite her, but that, for that split
second, she tried to save the dog
from running back into the street and,
therefore, she “owned” the dog.
While the scenarios above sound
ridiculous—frivolous, even—the
defense was able to argue them to the
jury. They argued Wells was a liar and
greedy. They argued that she should
not be compensated for doing the
right thing—even though it is what
most of us would have done.
The jury saw through to the truth:
that Wells did nothing wrong; she
was a kind person trying to help and
incurred a permanent injury and more
than $20,000 in medical expenses
in doing so. The jury awarded Wells
$140,000.
Unfortunately, that was not the end
of the case.
The defense counsel and insurance

company filed a motion with the court
asking the judge to overturn the jury
verdict. They waited until almost the
last day possible to file the motion.
The judge heard arguments and
then gave the defense 21 additional
days to file a supplement. Again, they
waited until the last minute.
Why did they do this? To continue to
punish Wells when a jury of 12 people
unanimously agreed she was entitled
to compensation?
We hear a lot about frivolous
lawsuits—people wasting the court’s
time. What about frivolous defenses?
Frivolous defenses are meritless and
only delay or deprive the injured from
what they deserve.
Defense attorneys and insurance
companies are required to only make
arguments that are reasonable and
justified by the law. In this case, that
didn’t seem to happen.
Hopefully, Wells’ three-year legal
battle will end shortly and she will
receive the compensation the jury
found she deserves.
— Lindsay Rakers

When Your
Warranty Fails You

I

n late February 1999, Kimberly
Poe purchased a new 1999 Ford
Explorer for $28,896.62 from a
local dealership. The Explorer had
been a demonstrator, but it was sold as
“new” with a standard warranty of three
years or 36,000 miles.
The vehicle had 5,672 miles on the
odometer when Poe purchased it.
The dealership’s general manager had
driven the Explorer while it was used
as a demonstrator. He had complained
to Ford of a knock in the engine at

62 / THE SAFETY REPORT / SPRING 2012

4,701 miles and again at 5,485 miles.
As a result, the engine was replaced by
Ford, but no one ever told Poe. After
purchasing the Explorer, Poe began
to hear knocking in the engine, and
as a result, she took it to the service
department five times: at approximately
9,000 miles; 27,091 miles; 39,596 miles;
approximately 44,000 miles; and 55,345
miles.
On the first four visits, the service
writer for the dealership told Poe they
could not verify the concern and that it

was a normal operating condition. The
dealership employees never told her
that the same engine had had the same
problem before she purchased the
vehicle and that it had been replaced.
On her fifth trip to the dealership,
they replaced the engine under the
warranty as a “goodwill” gesture, and
Poe was told that the new engine
would have a three-year or 36,000-mile
warranty. Again, no one disclosed to
Poe that this would be the third engine
for the Explorer.

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of

INJUSTICE

According to the service records, a
new short block engine was put into
Poe’s Explorer with 55,345 miles on the
odometer. At 57,345 miles, she took the
Explorer to another Ford dealership.
The representative at that dealership
reported that he could not “duplicate
the customer concern;” however, the
service report did note a “low engine
noise.”
According to Poe, the engine
warranty was confirmed for three
years or 36,000 miles. Given the
representations of the length of the
warranty, Poe continued to drive the
Explorer until it finally quit on her with

71,693 miles on the odometer.
When the Explorer finally quit
running, Poe asked Ford to repair
the Explorer under the warranty. At
that point, Ford refused, stating that
the vehicle was out of warranty even
though the knocking in the engine had
been a consistent complaint since 4,701
miles, and unbeknownst to Poe, she
had been driving an Explorer with its
third engine.
Poe paid more than $28,000 for an
Explorer that lasted 71,693 miles on
three engines. She bought a vehicle
with an engine that had already been
replaced, and yet, she was never told.

She was repeatedly told the knocking
she heard was a normal operating
condition. She was told the replaced
engine would have a three-year or
36,000-mile warranty.
However, when the third engine quit
running, she was told she would have
to pay for the repairs. Poe essentially
paid $28,000 for an Explorer that she
could not drive.
The only recourse for Poe was to
sue the dealership and Ford, and we
did, alleging damages for breach
of contract, breach of warranty,
misrepresentation, violations of the
Magnusson Moss Warranty Act and
suppression of a material fact.
Unfortunately, Poe had signed an
arbitration agreement, so the case was
removed to arbitration before Dean
Henry Strickland, a law professor at
Cumberland School of Law at Samford
University. After litigating the case for
two years, it was arbitrated for just one
day.
While the arbitrator did rule in our
favor on all allegations, the award
Poe received was minimal. For all the
aggravation and lies, she received
$4,187.50 and an Explorer that
won’t run and her $4,000 in attorney
fees paid. Yet, the arbitrator earned
approximately $2,000 for one day of
work.
— Jon Lewis

What is Faces of Injustice?
Faces of Injustice is a platform that seeks to give a voice to those whose suffering does not end with the conclusion of their legal case. From malpractice
to the fine print, these everyday people have been negatively impacted by
tort reform, abusive defense tactics, improper judicial interference or jury bias.
Faces of Injustice will tell their stories.
To read more or if you have a story you would like to tell,
please visit facesofinjustice.org
All names, photos and documentation has been approved by all interested parties.

FACES

of

INJUSTICE

@THESAFETYREPORT / THESAFETYREPORT.COM / 63

the

Dos &
Dont’s
of...

Do

Online Dating
­­­by Stephanie Andre

Don’t
stay
sober on
your date.

show too
much skin on
your profile
pic.

install a privacy
checker on
your computer.
Most are free.

Don’t
leave
personal
items
unattended.

verify
information
on your date
as thoroughly
as possible.

reveal
confidential
information
in your email
exchanges.

Don’t

Don’t

meet in person
until you’ve
actually talked
on the phone.

go home with
your date
(seems kind of
obvious, don’t
you think?)

Do

Do
tell a friend
where you’re
going.

64 / THE SAFETY REPORT / SUMMER 2012

meet in
public.
Drive
yourself.

Don’t

Do

Do

Do

use a P.O. box,
rather than your
home address,
to register for
any dating sites.

It is the Law: Always
Drive in Right Lane
Unless Passing
By David Bernstein
Prior to November 1, 2010, the law in Oklahoma stated in
Title 47 of the Oklahoma Statutes, Section 11-309:
5. Upon a roadway which is divided into four or more
lanes, a vehicle proceeding at less than the maximum
posted speed, except when reduced speed is necessary for
safe operation, shall not impede the normal flow of traffic by
driving in the left lane.
6. Upon a roadway which is divided into four or more
lanes, a vehicle shall be driven in the right-hand lane
except when overtaking and passing another vehicle
proceeding in the same direction or when preparing for a
left turn at an intersection or into a private road or driveway.
Provided, however, this paragraph shall not prohibit
driving in a lane other than the right-hand lane when traffic
conditions or flow, or both, or road configuration, such as
the potential of merging traffic, require the use of lanes
other than the right-hand lane to maintain safe traffic
conditions.
After November 1, 2010, the law was changed by the
Oklahoma legislature. Section 5 was deleted from the
law, and Section 6 was renamed Section 5.

Before the law was changed on November 1, 2010, folks
could drive in the left lane so long as they were driving the
speed limit. Under the old law, drivers could go 70 mph
on highways in both the left and right lane, causing other
drivers who wanted to go above the speed limit severe
frustration when cars in both lanes tied up traffic. The net
effect was that frustrated drivers would try to find ways to
get past the cars tying up traffic in both lanes, sometimes
causing serious collisions, some of which caused deaths.
The Oklahoma legislature finally recognized the fact
that some drivers will go above the speed limit, and it is
better to just let them pass in the left lane than have serious
collisions that could be avoided. Therefore, all drivers, no
matter what speed they are driving, must drive in the
right lane on highways unless passing a slower car. This
law is a step in the right direction, since the highways will
now be safer from frustrated drivers causing collisions trying
to get past folks driving the speed limit in the left lane.

Promoting Safety. Protecting Rights. Giving Back. For Almost 30 Years.

If you, a friend or a family member have been injured by
a defective product, a medical device, a prescription drug,
an impaired or inattentive driver, a trucking company, an
on-the-job incident, or if an insurance company has not
treated you fairly, please consider contacting Bernstein
Law Firm for a free initial, confidential consultation.
David Bernstein has been recognized as a Super
Lawyer (which is restricted to the top 5% of all attorneys)
in Oklahoma every year since this prestigious program
began in 2006. Most of the firm’s cases are referred by
other attorneys and prior satisfied clients. In addition
to being published in the Oklahoma Bar Journal and
teaching attorneys and insurance adjusters every year
at legal seminars on topics such as “Insurance Bad
Faith”, “Trying Personal Injury Cases”, Trying Large Truck
Cases”, “Uninsured Motorist Coverage”, and “Evidence”,
Bernstein is proud to give back to the community. Besides
being one of the founders of Lawyers Against Hunger,
a non-profit corporation to help feed the less fortunate,

Bernstein is proud to donate to charities including United
Way, the National MS Society – Oklahoma Chapter, and
the Oklahoma Lawyers for Children. He also served as one
of the original members of the Norman Historical District
Commission for many years.
Please call 405.329.1484 or 800.235.0529 to set up
a free initial, confidential consultation and enjoy a free
cup of coffee/soft drink. Or, if you prefer, you can send an
email to dbnormanok@aol.com and describe your legal
issue.
The main office has plenty of free parking and is located
in downtown Norman at 104 W. Gray Street, which is two
blocks from the Cleveland County Courthouse. There
is also an alternative location in Oklahoma City if that is
more convenient. In some circumstances, if you are unable
to travel, Bernstein can come to you. Please visit www.
USASafetyLawyer.com for more information and to read
blogs on current issues of interest.

PROMOTING SAFETY.
PROTECTING RIGHTS.
GIVING BACK.
FOR ALMOST 30 YEARS.
CONTACT US TODAY

USASafetyLawyer.com
Call us at 405.329.1484
Email us at DBNormanOK@aol.com

Promoting Safety. Protecting Rights. Giving Back. For Almost 30 Years.